ar 


mm 


DENNIS  a  CO.  INC. 

NEW 
LAW    BOOKS 

USED 

269  MAIN  STREET 
BUFFALO.  N.  Y. 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


MANUAL  OF  CANAL  LAWS 


RELATING  TO  THB 


NEW  YORK  STATE  CANALS; 


WITH  REFERENCES  TO  THB 

DECISION  OF  THE  COURTS,  THE  CANAL  BOARD 

AND  THE  CANAL  APPRAISERS,  AND  A  CHRONOLOGICAL 

LIST  OF  ALL  THE  STATUTES  OF  THIS  STATE,  OF  A  PUBLIC  NATURE, 

RELATING  TO  THE  CANALS,  FROM  1791  TO  AUGUST.  1873. 

TOGETHER  WITH  THE 

CANAL  REGULATIONS, 

RULES,  FORMS,  RATES  OF  TOLL,  NAMES  OF  PLACES,  TABLE 
OF  DISTANCES,  ETC.,  ETC.,  NOW  IN  FORCE, 


AS  ESTABLISHED  BY  THE 


CANAL    BOARD. 


COMPILED  BY 

GEORGE  W.   CHAPMAN, 

IM 
COUNSELOR  AT  LAW. 


ALBANY: 

WEED,    PARSONS    AND    COMPANY,    PRINTERS. 

1873. 


C4003m 

ma 


TABLE   OF   CONTENTS. 


i. 

SECTION.   PAGE. 

Analysis  of  Extracts  from  Constitution 7 

II. 

Analysis  of  Revised  Statutes  and  laws  in  force 9 

III. 

Chronological  List  of  Statutes  from  1791  to  1873 13 

IT. 

Extracts  from  Constitution  of  1846 55 

V. 

CANAL  LAWS  of  the  State  of  New  York,  compiled  and  arranged  on  the 

plan  of  the  Revised  Statutes,  as  follows  (V  to  IX,  inclusive) 67 

YI. 

R.  S.,  PART  1.   CHAPTER  V.  OP  PUBLIC  OFFICERS,  etc.. 1-40      67 

TITLE  1.  Of  the  number,  classification,  etc 1       67 

TITLE  3.  Of  Executive  officers < . .  2,  3      68 

TITLE  5.  Of  Administrative  officers 4-11      68 

TITLE  6.  General  provisions  applicable  to  officers.  12-40      70 

Til. 

CHAPTER  IX.    OF  THE  FUNDS,  REVENUES,  EXPENDI- 
TURES AND  PROPERTY  OF  THE  STATE. 

AND  THE  ADMINISTRATION  THEREOF,  41-170        78 

TITLE  2.  Of  the  canal  fund,  and  the  administration 

thereof 41-50      81 

Of  Loans 51-92      84 

Costs  and  legal  proceedings 93-104      98 

Charges  on  the  canal  fund 105-108     101 

OF  THE  CANAL  DEPARTMENT 109    102 

OF  THE  AUDITOR 110-155    103 

Payment  of  interest 156-158     112 

Accounts,  printing,  etc 159-163     113 

Tax  for  deficiencies 164-169     115 

The  repair  contract  system  abolished.. . .  170    117 


756519 


TABLE  OF  CONTENTS. 


Tin. 

B.  S.,  PART  1 ,  CHAP.  IX—  Of  the  Funds,  Revenues,  etc.  —  Continued,.      SECTION.    PAGE. 

TITLE.  5.  Of  the  public  lands,  and  disposition  thereof,  184-204  119 

ART.  1.  Of  the  commissioners  of  the  land  office,  184-191  119 

ART.  6.  Of  lands  belonging  to  canal  fund 193-198  121 

On  the  sale  of  abandoned  lands 199-204  123 

IX. 

TITLE  9.  OF  THE  CANALS 210-844  126 

ART.  1.  Designation  and  description  of 210-218  128 

Enlargement  and  improvement  acts. .  219-236  131 

ART.  2.  Of  the  Canal  Commissioners,  and  their 

general  powers  and  duties 250-282  144 

Of  claims  and  appeals 283-290  154 

Contracts 291-314  156 

Engineers 315-317  166 

Accounts  and  reports 318-324  166 

Superintendents,  estimates,  tools,  etc.,  325-343  168 

Albany  basin 344-360  175 

Onondaga  Salt  Springs 361-363  180 

Fish  ways 364  182 

Erie  canal 365-366  182 

Cayuga  inlet 367-368  183 

Cayuga  and  Seneca  canal 369-374  184 

Baldwinsville  dam,  etc 375-380  187 

Oswego  canal 381  189 

Crooked  Lake  canal 382  189 

Chemung  canal 383-394  189 

Chenango  canal 395-404  193 

Black   River   canal   and    Erie    canal, 

feeder,  reservoirs,  etc 405-413  197 

Genesee  Valley  canal 414-415  200 

Oneida  Lake  canal,  improvement,  etc.,  416-418  201 

ART.  3.  OF  THE  APPRAISEMENT  OF  DAMAGES,  420-458  204 

General  Act,  Rules,  etc 459-461  212 

Appeals,  new  trials,  etc 462-476  214 

ART.  4.  Of  the  Canal  Board,  their  powers  and 

duties 485-486  220 

Appointments  and  removals 487-497  221 

Tolls 498-512  224 

Rules  and  Regulations 513-534  227 

Enlargement,  new  work  and  extraordi- 
nary repairs 535-543  233 

Proceedings    appeals,  etc 544-555  236 

Appropriation  and  sale  of  lands 556-562  238 

ART.  5.  Of  water  privileges,  and  the  sale  of  sur- 
plus waters 580-613  241 

ART.  6.  Of  the  superintendents  of  repairs  and 

the  collectors  of  tolls 620  254 

Superintendents,  etc 621-647  254 

Collectors  of  tolls  . .  650-664  261 


TABLE  OF  CONTENTS.  5 

R.  S.,  PART  1,  CHAP.  IX —  Of  the  Funds,  Revenues,  etc. —  Continued.      SECTION.   PAGE. 
ART.  7.  Regulations  and  penalties  concerning 
the  navigation  of  the  canals  and  col- 
lection of  tolls 670-680    267 

Registry  of  boats 670-680    267 

Bills  of  lading,  tolls,  etc 681-710    269 

Boats,  navigation,  etc 711-726    275 

Abandoned  or  stolen  property 727-735    277 

Frauds  on  revenues 736-741     279 

Registry  of  liens 742-754    280 

A.RT.  8.  Regulations  and  Penalties  concerning 
the  protection  and  maintenance  of  the 

canals 760-788    285 

Of  bridges 760-783    285 

Of  wharves,  basins,  etc 784-785    291 

Of  injuries  to  structures 786-789    291 

ART.  9.  Miscellaneous  provisions  of  a  general 

nature 800-816    293 

Steam  towage  on  the  canals 817-836    297 

Commission  appointed  to  test  the  use 
of   any  motor   other    than    animal 

power,  and  to  award  prizes 837-844    302 

ART.  10.  Of  the  State  Engineer  and  Surveyer, 
the  Division,  Resident  and  Assistant 
Engineers,  and  their  duties 850-882  307 

X. 

Regulations  of  the  Engineer  Department 317 

XI. 

Rules  and  Orders  of  the  Canal  Board 329 

XII. 

Regulations  on  all  the  navigable  canals  of  this  state,  established  by 

the  Canal  Board , 333 

1st.   Relative  to  the  weighing  and  inspecting  of  boats  and  their 

cargoes 333 

2d.    Relative  to  tolls  upon  passengers,  and  commutation  therefor,  343 

3d.    Relative  to  the  navigation  of  the  canals 344 

4th.  Authority  of  canal  officers  to  sue  for  penalties 853 

5th.  Miscellaneous  regulations 354 

XIII. 

Resolutions  adopted  by  the  Canal  Board  in  relation  to  the  powers  and 

duties  of  certain  canal  officers 359 

1st.   Collectors  and  inspectors 359 

2d.    Appointment  and  removal  of  collectors  and  weighmasters . . .  362 

3d.    In  relation  to  superintendents  and  their  employees 362 

4th.  In  relation  to  weighmasters 365 


6  TABLE  OF  CONTENTS. 

XIV. 

PAGE. 
Special  regulations  relative  to  lumber 366 

XV. 

Form  of  bills  of  lading,  clearances,  blanks,  etc 369 

XVI. 

Rates  of  toll  for  1852 373 

XVII. 

Rates  of  toll  for  1852, 1859, 1868, 1869  and  1870,  comparative  table 377 

Rates  of  toll  for  1871  and  1872 383 

XVIII. 

Rates  of  toll  for  1873 383 

XIX. 

Statement  of  annual  tonnage  and  receipts  from  tolls  from  1852  to  1872 386 

Statistics  relating  to  the  canals  of  this  state 387 

XX. 

Table  of  places  and  distances  on  the  canals,  adopted  by  the  Canal  Board. . . .  392 

XXI. 

Certificate  of  Auditor 401 

XXII. 

Index  to  Laws  and  Regulations 403 


ANALYSIS 


EXTRACTS  FROM  CONSTITUTION. 


ARTICLE   T. 

PAGE. 

SECTION  1.  State  officers,  how  elected,  and  terms  of  office 55 

SEC.  2.  State  Engineer  and  Surveyor,  how  chosen,  and  term  of  office 55 

SEC.  3.  Canal  Commissioners,  how  chosen,  and  terms  of  office 55 

*  *  * 

SEC.  5.  Commissioners  of  the  Land  Office  —  Commissioners  of  the  Canal  Fund  — 

Canal  Board 56 

SEC.  6.  Powers  and  duties  of  Boards,  etc ....   56 

SEC.  7.  Treasurer  may  be  suspended  by  Governor 56 

SEC.  8.  Certain  offices  abolished . .                                                   56 


AETICLE   VII. 

SECTION  1.  Canal  Debt  — Sinking  Fund  — June  1,  1846,  $1,300,000  — June  1, 

1855,  $1,700,000 57 

SEC.  2.  General  Fund  Debt  —  Sinking  Fund,    $350,000;    after  certain  period, 

$1,500,000 ' 57 

SEC.  3.  $200,000  of  the  surplus  canal  revenues  annually  appropriated  to  General 
Fund,  and  the  remainder  to  specific  public  works  —  Certain  deficiencies  in 
the  revenues  not  exceeding  $250,000,  annually  to  be  supplied  from  the  reve- 
nues of  the  canals 58 

SEC.  4.  Loans  to  incorporated  companies  not  to  be  released  or  compromised. ...  60 
SEC.  5.  Legislature  shall,  by  equitable  taxes,  ihcrease  the  revenues  of  the  Sink- 
ing Fund  in  certain  cases 60 

SEC.  6.  Canals  of  the  state  not  to  be  leased  or  sold 61 

SEC.  7.  Salt  springs 61 

SEC.  8.  Appropriation  bills 61 

SEC.  9.  State  credit  not  to  be  loaned 61 

SEC.  10.  Power  to  contract  debts  limited 61 

SEC.  11.  Debts  to  repel  invasion,  etc.,  may  be  contracted 62 

SEC.  12.  Limitation  of  the  legislative  power  in  the  creation  of  debts 62 

SEC.  13.  Manner  of  passing  bills  imposing  a  tax 63 

SEC.  14.  Same  subject 64 


8  ANALYSIS  OF  EXTRACTS  FKOM  CONSTITUTION. 

ARTICLE   X. 

PAGE. 

#  *  * 

SECTION  2.  Officers,  how  chosen  or  appointed , 63 

SEC.  3.  Duration  of  office 63 

*  #  * 

SEC.  5.  -Vacancies  in  office,  how  filled 64 

SEC.  6.  Political  year 64 

SEC.  7.  Kemoval  from  office 64 

SEC.  8.  When  office  deemed  vacant 64 

ABTICLE  XII. 

SECTION  1.  Oath  of  office  prescribed 64 


ANALYSIS 


OF  THE  SEVERAL  ACTS,  CHAPTERS,  TITLES  AND  ARTICLES  CONTAINED 
IN  THIS  MANUAL  OF  CANAL  LAWS,  COMPILED  FROM  THE  CONSTI- 
TUTION OF  1846,  THE  REVISED  STATUTES  OF  1827,  AND  SUBSEQUENT 
STATUTES  OF  THIS  STATE  UP  TO  AND  INCLUDING  THE  YEAR  1873, 
WHICH  RELATE  TO  THE  CANALS  OF  THE  STATE  OF  NEW  YORK, 
ARRANGED  UPON  THE  PLAN  OF  THE  REVISED  STATUTES. 


THE   REVISED   STATUTES 

Consist  of  four  parts,  which  are  denominated  Acts. 

PART  I. 

Of  the  Eevised  Statutes,  is  entitled  "  An  Act  concerning  the  Territorial 
limits  and  Divisions,  the  Civil  polity  and  the  Internal  Administration 
of  this  State,"  and  consists  of  twenty  chapters,  which  are  sub-divided 
into  Titles,  Articles  and  Sections. 

The  Chapters,  Titles  and  Articles  relating  to  canals  are  as  follows : 

CHAPTER   V. 

PAGE. 

Of  the  public  officers  of  this  state,  other  than  Militia  and  Town  officers,  their 
election  or  appointment,  their  qualifications  and  the  tenure  of  their  offices, 
containing  six  Titles 67 

TITLE  I. 

Of  the  number,  location  and  classification  of  the  public  officers  of  this  state. .       67 


10  ANALYSIS. 

TITLE  ILL 

PAGE. 

Of  executive  officers 68 

*  *  * 

TITLE  V. 

Of  administrative  officers - 68 

TITLE  VX 

General  provisions  applicable  to  all  the  civil  officers  of  this  state,  or  to  certain 

classes  of  them 70 

ART.  1.  General  provisions  respecting  the  appointment  of    officers,  their 

qualifications,  the  commencement  and  duration  of  their  offices . .       70 

*  *  * 

ART.  3.  Of  the  oath  of  office  and  the  official  bond 72 

ART.  4.  Of  resignations,  vacancies  and  removals,  and  the  means  of  supply- 
ing them 74 

ART.  5.  Proceedings  to  compel  the  delivery  of  books  and  papers,  by  public 

officers,  to  their  successors 78 

CHAPTER  IX. 

Of  the  funds,  revenues,  expenditure  and  property  of  the  state,  and  the  adminis- 
tration thereof 78 

*  *  * 

TITLE  II. 

Of  the  canal  fund,  and  the  administration  thereof 78 

*  *  * 

TITLE  V. 

Of  the  public  lands,  and  the  superintendence  thereof 119 

ART.  1.  Of  the  general  powers  and  duties  of  the  commissioners  of  the  land 

office 119 

*  *  * 

ART.  6.  Of  the  duties  of  the  commissioners  of  the  land  office  in  regard  to 

lands  belonging  to  the  canal  fund 121 

TITLE  IX. 

Of  the  canals ' 126 

ART.  1.  Designation  and  description  of  the  canals 127 

ART.  2.  Of  the  canal  commissioners,  and  their  general  powers  and  duties. .  138 

ART.  3.  Of  the  appraisement  of  damages 202 

ART.  4.  Of  the  Canal  Board,  their  powers  and  duties 218 

ART.  5.  Of  water  privileges  and  the  sale  of  surplus  waters 240 


ANALYSIS.  11 

TITLE  IX  —  Of  the  canals  —  Continued.  PAGE. 

ART.  6.  Of  the  superintendents  of  repairs  and  the  collectors  of  tolls 253 

AKT.  7.  Regulations  and  penalties  concerning  the  navigation  of  .the  canals 

and  the  collection  of  tolls 264 

ART.  8.  Regulations  and  penalties  concerning  the  protection  and  mainte- 
nance of  the  canals 284 

ART.  9.  Miscellaneous  provisions  of  a  general  nature 291 

[ART.  10.]  Of  the  state  engineer  and  surveyor,  division,  resident  and  assist- 
ant engineers,  and  their  general  powers  and  duties 306 


CHRONOLOGICAL  LIST 


OF 


STATUTES 

OF  THE 

STATE  OF  NEW  YOBK, 

RELATING  TO  ITS  CANALS, 
From  1791  to   August,   1873. 


THIS  List  is  intended  to  be  a  full  index  to  all  the  Statutes  of  a 
public  nature  which  have  been  enacted  in  relation  to  the  canals  of 
this  State,  and  of  Concurrent  Resolutions  of  the  Legislature  relating 
thereto. 

It  omits  some  general  appropriation  acts,  which  contain  small  items 
for  canal  expenses,  and  also  all  private  claim  bills  for  the  relief  of 
claimants  and  contractors  (except  a  few  of  local  interest  or  general 
importance,  and  those  relating  to  the  use  and  appropriation  of  waters 
for  canal  purposes). 

The  references  are  to  the  pages  of  the  Statutes : 

1 V  9 1 .  STATUTES.      PAGE. 

Mohawk  and  Hudson  rivers  and  Wood  creek,  survey 

of  and  estimates  for  canals 2  Greenl.,      375 

1792. 

Western  and  Northern  Inland  Navigation  Companies, 

incorporated 2  Web.,      304 

Act  amendatory  thereof 2  Web.,      320 

1793. 

Lock  Navigation  Companies,  act  of  1792  amended 2  Web.,      324 


14:  CHRONOLOGICAL  LIST  OF 

1795.  STATUTES.       PAGE. 

Lock  Navigation  Companies,  improvements  by 2  Web.,      32f 

1796. 

Western   Inland  Lock  Navigation  Company,   loaning 

money  to 2  Web.,      327 

.      1797. 
Western   Inland   Lock  Navigation   Company,  loaning 

money  to   2  Web.,      328 

1798. 

Western  Inland  Lock  Navigation  Company,  time  ex- 
tended         2  Web.,      334 

Niagara  Canal  Company,  incorporated 2  Web.,      328 

1802. 

Western  Inland  Navigation  Company,  relative  to  ....       3  Web.,       142 

1806. 

Western  Inland  Lock  Navigation  Company,  time  of, 

extended 4  Web.,  410 

Hudson  River  Canal  and  Channel  Company  (above 

Glens  Falls),  incorporated 4  Web.,  525 

1808. 

Survey  for  canal  route  between  the  Hudson  river  and 

Lake  Erie,  resolution  authorizing C.  L.,  1825,          9 

Lake  navigation,  St.  Lawrence  river,  establishing Stat.,       128 

Western  Inland  Lock  Navigation  Company,  surrender 

of  grant  west  of  Oneida  lake  by  the Stat.,      330 

1809. 

Dam  across  Seneca  river  at  McHarry's  rift,  authorizing 

Jonas  C.  Baldwin  to  erect Stat.,        36 

1810. 

Canal  route  between   Hudson  river  and   Lake    Erie, 

appropriation  for  exploring 6  Web.,        84 

1811. 

Lock  navigation,  St.  Lawrence  river,  amenaatory Stat.,        38 

Internal  navigation  of  the  State,  for  the  improvement 

of  the Stat.,      334 

1812. 

Internal  navigation  of  the  State,  amendatory Stat.,      461 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  15 

1813.  STATUTES.      PAGE. 

Seneca  Lock  Navigation  Company,  incorporated Stat,      232 

Internal  navigation  of  the  State,  amendatory  Stat.,  vol.  I,       247 

1814. 

Seneca  Lock  Navigation  Company,  amendatory Stat.,       146 

Internal  navigation  of  the  State,  amendatory do          256 

1815. 

Seneca  and  Susquehanna  Navigation  Company,  incor- 
porated    Stat,  122 

1816. 

Commissioners  appointed  to  improve  the  internal  navi- 
gation of  the  State,  etc.,  powers  and  duties  of;  acts 
of  1811  and  1812  repealed Stat,  295 

1817. 

Seneca  Lock  Navigation  Company,  amendatory Stat,         83 

Commissioners  appointed  to  make  navigable  communi- 
cation between  Lakes  Erie  and  Champlain  and  the 
Atlantic  ocean ;  canal  fund  constituted ;  appraisers 
appointed,  etc.,  powers  and  duties  of Stat,  301 

1818. 

Chittenango  Canal  Company,  incorporated Stat,  1? 

Buffalo  harbor,  relative  to do  116 

Canal  funds  and  debt,  to  improve,  etc do  303 

1819. 

Buffalo  creek  harbor,  relative  to Stat,       121 

Great  Western  and  Northern  canals,  act  concerning  ...  do         123 

Grant  of  lands  from  the  Holland  Land  Company,  terms 

of,  etc do         301 

1820. 

Navigable  communication  between  the  Great  "Western 
and  northern  lakes  and  the  Atlantic  ocean,  amend- 
atory    Stat,  99 

Navigation  of  Oswego  river,  appropriation  for do         101 

Salary  of  canal  commissioners,  relative  to do         114 

(  171 

Erie  and  Champlain  canals,  acts  concerning do      •<  183 

(225 
1821. 

Erie  and  Champlain  canals,  act  concerning Stat,         25 

Black  river,  a  public  highway,  relative  to do  97 

State  reservation,  Oswego  Falls,  lease  of,  etc do         103 


16  CHRONOLOGICAL  LIST  OF 

STATUTES.       PAGB. 

Ontario  Canal  Company,  incorporated Stat.,  208 

Cayuga  inlet,  a  public  highway do  228 

Duties  on  salt,  canal  commissioners  to  collect do  236 

Canal  commissioners  to  act  as  appraisers ;  vacancies  in  j    248 

office,  etc.,  relative  to do    |    252 

,       1822. 

Onondaga  lake,  to  be  lowered Stat.,  36 

Deficiency  of  interest,  how  to  be  supplied do  122 

Glens  Falls  feeder,  relative  to do  306 

Boats  on  Erie  and  Champlain  canals,  rate  of  move- 
ment of do  320 

Materials  for  canals  and  Salina  side-cut,  relative  to  ....  do  321 

1823. 

Canal  stock,  school  moneys  may  be  invested  in Stat.,  47 

Erie  and  Champlain  canals,  to  borrow  money  for do  116 

Harbors  at  Buffalo  and  Black  Kock,  amendatory do  118 

Albany  basin,  for  the  construction  of do  128 

Hydraulic  privileges,  relief  of  owners  of do  132 

Deficiency  in  interest,  to  supply do  167 

Oswego  river,  for  the  survey  of do  254 

Erie  canal  near  Eome,  for  the  alteration  of do  269 

Salina  side-cut,  for  the  extension  of do  303 

Commissioners  of  canal  fund,  temporary  advances  to,  do  427 

1824. 

Draining  Cayuga  marshes  and  improvement  of  Seneca 

outlet,  relative  to  Stat.,  180 

Canal  route  from  the  river  St.  Lawrence  to  Lake  Cham- 
plain,  for  the  survey  of do  275 

Grant  by  Holland  Company,  and  Grand  Island,  to  be 

examined  and  sold do  304 

Land  belonging  to  canal  fund,  for  the  examination  of, 

etc do  305 

Erie  and  Champlain  canals,  for  the  completion  of do  315 

1825. 

Laws  and  other  official  documents  relating  to  the  Erie 

and  Champlain  canals,  to  be  reprinted Stat.,  8 

Draining  Cayuga  marshes,  commissioners  appointed  for,  do  312 

Grand  Island,  amendatory do  330 

Delaware  and  Susquehanna  Navigation  Company,  in- 
corporated    do  339 

Cohoes  bridge,  relative  to do  349 

Canal  routes,  for  survey  of  certain do  356 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  17 

STATUTES.       PACK. 

Cayuga  and  Seneca  canal,  for  construction  of Stat.,  391 

Cayuga  and  Seneca  canal,  appraisers  appointed do  392 

Erie  canal  with  Lake  Ontario,  for  the  construction  of. .  do  395 
Erie  and  Champlain  canal,  Albany  basin,  surplus  water,  f  398 

etc.,  relative  to do    J    400 

L  414 

Surplus  wators  at  Salina,  use  of,  etc do  453 

1826. 

Cohoes  Company,  incorporated Stat.,  70 

Lands  for  benefit  of  canal  fund,  relative  to do  74 

Canal  investigations,  appropriations  for do  226 

Lateral  canal  to  Montezuma,  appropriations  for do  274 

Glens  Falls  feeder,  amendatory do  283 

Draining  Cayuga  marshes,  amendatory do  293 

Property  conveyed  by  Myron  Holly  to  commissioners 

of  canal  fund,  relative  to  do  328 

Myron  Holly,  late  canal  commissioner,  for  relief  of do  353 

Act  relative  to  the  canals,  appointment  of  officers,  etc.,  do  360 
Collection  of  tolls,  surplus  waters  and  revenues,  relative 

to do  360 

1827. 

Waters    of    Tonawanda    creek,    damages    to    Seneca 

Indians Stat.,  1st  Sess.,  154 

Lock  in  dam  Baldwinsville,  Seneca  river,  relative  to...  Stat.,  192 
Erie  and  Champlain  canals  and  works  connected  there- 
with, maintenance  and  protection,  regulations,  etc.,  do  220 
Bonds    and  mortgages   on   canal  land,   to  pay  canal 

stock do  237 

Erie  and  Champlain  canals,  relative  to  claimants  upon . .  do  248 

Navigation  of  the  Hudson  river,  relative  to do  322 

Black  Rock  harbor,  relative  to  lands  sold  on do  364 

Expenditure  of  moneys  by  Superintendent  Pierce,  rela- 
tive to do  371 

Relative  to  canals,  allowances  to  contractors,  etc do  373 

Revised  Statutes,  act  adopting  Part  1 2d  Sess.,  11 

Chap.   IX,  Title  IX,  "of  canals,"  canal  board  to  pub- 
lish   do  17 

Revised  Statutes. 

Salaries  of  State  officers,  how  to  be  charged do  62 

Canal  fund do  64 

Commissioners  of  canal  fund,  of  whom  to  consist do  66 

Canal  fund  lands,  how  and  when  to  be  sold do  83 

Canal  maps  and  field  notes,  designation  of,  etc do  91 

3 


18  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGB. 

Canal  commissioners,  powers  and  duties  of Stat,  2d  Sess.,  92 

Appraisement  of  damages do  99 

Canal  board,  powers  and  duties do  103 

Water  privileges  and  surplus  water,  sale  of,  etc do  105 

Superintendents  of  repairs  and  collectors  of  tolls,  powers 

and  duties  do  109 

Navigation  of  canals  and  collection  of  tolls,  regulations 

and  penalties do  111 

Maintenance  and  protection,  regulations  and  penalties 

for do  122 

Miscellaneous  provisions do  124 

1828. 

Lock  and  waste-weir  Rome,  for  rebuilding Stat.,  1st  Sess.,  37 

Champlain  canal,  special  appraisers  appointed do  80 

Black  River  Canal  Company,  incorporated do  85 

Holley,  late  canal  commissioner,  for  settling  claims  of,  do  97 
Cayuga  and  Seneca  canal  with  East  Cayuga  village, 

lateral  canal  to  connect  the  do  115 

Destruction  of  fences,  increasing  penalty  for do  224 

Albany  pier,  passage  through do  226 

Dam  at  Baldwin sville,  amendatory do  262 

Lowering  Oneida  lake  and  improvement  Oneida  river, 

relative  to do  293 

Cowasselon  creek,  damages  for  waters  do  341 

Oswego  canal,  transfer  of  certain  funds do  350 

Cayuga  and  Seneca  canal,  waters  of  Seneca  lake,  etc. . .  do  378 

Cayuga  and  Seneca  canal,  construction  of,  etc do  379 

Glens  Falls  feeder,  appropriation  for do  384 

Deficiency  in  revenue,  to  provide  for do  386 

Canal  stock,  to  buy  certain  of  comptroller do  387 

Junction  Canal  Company  (Watervliet),  incorporated. .  do  417 

Surplus  waters,  relative  to do  426 

Canal  routes  from  Seneca  lake  to  Crooked  lake  and  from 

Crooked  lake  to  Bath,  to  be  surveyed do  494 

Acts  and  parts  of  acts  relative  to  canals,  repealing 

certain  2d  Sess.,  34 

Navigable  communication  between  the  lakes  and  the 

Atlantic  ocean,  repealing   act  of  1817,  respecting 

(except  part  of  5th  section)  do  47 

Great  Western  and  Northern  camils.  repealing  act  of 

1819,  respecting do  49 

Erie  and  Champlain  canals,  repealing  act  of  1820,  for 

maintenance  do  51 


STATUTES  OF  NEW  YORK  RELATING-  TO  CANALS.  19 

STATUTES.  PAGE. 

Erie  and  Champlain  canals,  repealing  act  of  1821,  con- 
cerning    Stat.,  2d  Sess.,  52 

Movement  of  boats,  repealing  act  of  1822,  relative  to  . .  do  55 

Erie  canal,  repealing  act  of  1823,  relative  to do  56 

Salaries,  repealing  act  of  1823,  relative  to do  56 

Lands  and  canal  fund,  repealing  act  of  1826,  relative  to,  do  60 

Canals,  repealing  act  of  1826,  relative  to do  62 

Erie  and  Champlain  canals,  repealing  act  of  1827,  for 

maintenance  of  (except  39th  section) do  63 

Surplus  waters,  repealing  act  of  April,  1828    do  65 

1829. 

Breaches,  damages  for.  how  appraised Stat.,  110 

Chenango  canal,  construction  of do  135 

Fort  Miller  or  Saratoga  dam,  appraisal  of  damages  at . .  do  155 
Champlain  canal,  damages  on  Fort  Miller  and  Wood 

creek do  213 

i  215 

Cohoes  bridge,  relative  to do  \o-i-t 

Crooked  Lake  canal,  construction  of  do  219 

Chemung  canal,  construction  of do  231 

Dam  at  Mount  Morris,  Genesee  river do  239 

Cayuga  and  Seneca  and  Oswego  canal  stock,  to  borrow  j  310 

money  for do  \  486 

Suits  in  behalf  of  the  State,  relative  to do  386 

Surplus  waters,  Black  river,  relative  to  do  425 

Surplus  revenues,  investment  of do  487 

Oneida  lake,  to  be  lowered do  513 

Survey  for  canal  from  Croton  river  to  Sharon,  Conn., 

relative  to do  514 

Seneca  lake,  to  be  lowered do  553 

Canal  damages,  appraisal  of,  etc do  561 

Hudson  river,  improvement  of  navigation,  etc do  566 

Commissioners,  pay  of  non-acting  do  568 

(574 

Certain  canal  routes,  to  be  surveyed do  -j  575 

(  583 
1830. 

Susquehanna  and  Chemung  rivers,  survey  of,  etc Stat.,  70 

Dam  at  Oak  Orchard  reefs,  Oneida  river do  84 

Rome  to  Black  river,  to  survey  canal  route do  121 

Fire  wood  and  fencing  posts  along  canals  (Rev.  Stat. 

amend.)    do  122 

Fort  Miller  dam,  relative  to do  152 

Canal  funds,  transfer  of  certain    do  207 


20  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGE. 

Rochester  to  Alleghany  river,  to  survey  canal  route  . .  Stat.,  254 

Canal  funds,  rules  and  regulations  for  transfer do  263 

Dam,  Tonawanda  creek,  Clarence,  Erie  county do  276 

Holland  Land  Company,  survey  of  lands  ceded  by do  298 

Oswego  and  Cayuga  and  Seneca  canals,  provide  for  de- 
ficiencies    do  348 

Overflow  of  lands,  damages,  how  appraised do  356 

Statutes,  commissioners  to  receive  copies  of do  424 

Tolls,  resolution  concerning do  425 

1831. 

Black  river,  surplus  waters  of  Stat.,  174 

Onondaga  salt  springs,  deposits  of  moneys  by  superin- 
tendent    do  206 

Canal  funds,  transfer  and  improvement  of do 

Susquehanna  and  Chemung  rivers,  appropriation  for 

surveying do  385 

Finances  of  the  State,  relative  to do  423 

Cayuga  marshes  and  swamp  lands,  relative  to  draining,  do  431 
Champlain    canal,   Waterford,    King    to    draw    water 

from  do  435 

Surplus  waters,  relative  to  leasing  of do  437 

U.  S.  lands,  Gribbonsville,  walls  and  bridge  along do  438 

1832. 

Oneida  Lake  Canal  Company,  incorporated Stat.,  94 

Seneca  river,  completion  of  locks,  time  extended do  149 

Chemung  canal,  to  borrow  money  for  completion  of  . .  do  266 
Black  River  Company,  incorporated,  State  may  purchase 

property  of  after  ten  years do  286 

Auburn  canal  and  Railroad  Company,  incorporated. .  do  414 

Cayuga  marshes,  relative  to do  495 

Canal  stock,  purchase  and  redemption  of do  510 

Amendment  to  constitution,  relative  to  duties  on  salt,  do  579 

1833. 

Chenango  canal,  to  borrow  money  to  construct Stat.,  32 

Canal  department  and  comptroller's  office,  relative  to  . .  do  51 

Additional  commissioner,  authorizing  appointment do  103 

Locks  and  surplus  waters,  Genesee  river,  at  York,  Living- 
ston county do  125 

Crooked  Lake  and  Chemung  canals,  allowance  to  con- 
tractors on do  131 

Junction  Canal  Company,  time  of  completion  extended,  do  169 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  21 

STATUTES.  PAGE. 

Navigation  of  the  canals,  to  prevent  interruption  of. . .  Stat.,  261 

Cohoes  Company,  to  increase  capital do  316 

Albany  basin,  relative  to  water  patents  on do  327 

Nine  mile  creek  feeder,  to  make  navigable do  489 

Chemung  canal,  supply  deficiency  in  revenue do  492 

1834. 

Cohoes  Company,  for  relief  of Stat,  40 

Chenango  canal,  to  change  northern  termination  of. .  do  42 

Chenango  canal  loan,  when  payable do  63 

Buffalo  and  Black  Kock  Railroad  Company,  passing 

over  canals do  89 

Survey  for  canal  route,  High  Falls,  Black  river,  to  Erie 

canal do  175 

Surplus  waters,  leases  of,  at  Salina  and  Syracuse do  349 

Canal  routes,  to  survey  from  Rochester  to  Olean  and 

from  Dansville  to  Mount  Morris do  377 

Crooked  Lake  canal,  deficiency  in  revenue do  422 

Survey  of  Hudson  river  for  ship  canal,  from  Troy  to 

Albany  and  from  Albany  to  New  Baltimore do  425 

Auburn  and  Owasco  Canal  Company,  charter  extended,  do  460 

Railroads,  passing  over  canals  do  505 

Albany  basin,  water  patents  on do  560 

Improvement  of  the  canals,  relative  to  do  57? 

Cayuga  lake,  to  survey  inlet  of do  590 

Salt  duties,  amendatory do  593 

1835. 

Buell  suits,  costs  and  expenses,  relative  to Stat.,  12 

Regulations  of  the  canals,  act  relative  to do  15 

Canal  funds,  relative  to do  43 

Oneida  Lake  Canal  Company,  to  increase  capital  stock . .  do  58 

Chenango  canal,  to  construct  lock  at  Oxford,  etc ....  do  66 

Genesee  river,  dam  and  boat  lock,  Livingston  county,  do  96 
Amendment  to  constitution,  to  restore  duties  on  salt, 

etc do  156 

Albany  basin,  improvement  of do  171 

Chemung  canal,  damages,  how  paid do  199 

Chenango  canal,  loan  for  construction  of do  202 

Cayuga  lake,  to  improve  inlet do  241 

Dam  and  boat  lock,  Genesee  river,  town  of  Leicester,  do  250 
Ithaca  and  Port  Renwick  Railroad  Company,  to  con- 
struct canal do  280 

Relief  of  Enos  Stone,  may  prosecute  writ  of  error do  288 

Cohoes  bridge,  free  to  canal  employees,  etc do  297 


22  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGE. 

Canal  funds,  relative  to  transfer  of Stat.,  350 

Erie  canal,  enlargement  of,  etc do  313 

Crooked  Lake  canal,  to  deepen  upper  level do  315 

Chenango  canal,  expense  of  changing  northern  termina- 
tion, city  of  Utica  to  pay do  357 

.     1836. 

Stock,  transfer  of,  issued  to  J.  Packard  Stat.,  15 

Oswego  canal,  to  rebuild  Mud  lock do  109 

Salaries  of  canal  commissioners  increased do  113 

Seneca  river,  raceway  at  Musquito  Point do  163 

Albany  basin,  to  improve  the  navigation do  186 

Chenango  canal,  for  relief  of  contractors do  201 

Black  River  canal  and  Erie  canal  feeder,  to  construct,  do  207 

Fort  Edward  creek,  damages  for  waters  discharged  in,  do  249 

Saratoga  or  Fort  Miller  dam,  damages  for  erection,  etc.,  do  250 

Erie  canal  at  Rome,  enlargement do  281 

Crooked  Lake  canal,  to  purchase  water  privileges,  etc . .  do  285 

Genesee  Valley  canal,  construction  of do  339 

Damages  on  canals,  appraisal  of,  etc do  406 

Seneca  river,  improvement  of do  441 

General  fund,  to  replenish  from  canal  fund do  523 

Chenango  canal,  side  cut  to  Susquehanna  river do  578 

Black  Rock  harbor,  erection  of  piers,  etc do  582 

Oneida  and  Seneca  rivers,  improvement  of do  665 

Additional  canal  commissioner,  appointment  of,  etc  ...  do  695 
Cayuga  canal  and  Glens  Falls  feeder,  to  construct  locks, 

etc do  696 

Chenango  canal,  loan  for  construction  of do  704 

1837. 

Chenango  canal,  loan  for  construction  of Stat.,  18 

Bonds  transferred,  moneys  to  be  paid  for    do  48 

Erie  canal  enlargement,  price  paid  for  land  taken do  115 

Dam  across  Hudson  river,  Fort  Edward do  185 

Dam  across  Genesee  river,  Allegany  county do  216 

\  99 

Chenango  canal,  relief  of  contractors do  \  281 

[321 

Minden  (State)  dam,  damages  from  do  300 

State  loans,  banks  may  take do  399 

Fort  Miller  bridge,  free  to  canal  employees do  436 

Oneida,  Oswego  and  Seneca  rivers,  damages  from  dam 

at  Phoanix,  etc do  441 

Geneseo  Hydraulic  Company,  incorporated do  446 


STATUTES  OF  NEW  YORK  RELATING-  TO  CANALS.  23 

STATUTES.  PAGB. 

Engineers'  department,  expenses  of,  how  paid Stat.,  517 

Canal  maps,  etc.,  relative  to do  518 

Albany  basin,  improvement  of do  544 

Cohoes  Company,  conveying  part  of  Erie  canal  to do  548 

Genesee  Valley  canal,  construction  of  feeder  on do  560 

1838. 

f     § 

30 

Chenango  canal,  to  borrow  money  for Stat,  -j    gg 

[  99 

Stock,  to  redeem  certain,  of  E.  Bell do  49 

Main  and  Hamburgh  Street  canal,  Buffalo do  81 

Canal  maps,  plans,  etc.,  to  be  filed  in  canal  department,  do  126 
Erie  and  Champlain  stock,  to  invest  certain  moneys 

in    do  162 

Chenango  canal,  to  cancel  Utica  bond do  167 

(  211 

Erie  canal  enlargement,  relief  of  contractors do  -j  ~vo 

Tonawanda  and  Ellicott  creeks,  improvement  of do  235 

Erie  canal  enlargement,  to  borrow  money  for  construc- 
tion    do  266 

Oneida  river,  survey  of  do  277 

Surplus  waters,  damages  for  resuming do  282 

(Jhenango  canal  extension,  survey  from  Binghamton..  do  290 

Seneca  river,  to  construct  tow-path  on do  309 

1839. 

Erie  canal  enlargement,  relief  of  contractors Stat.,  9,  56 

Skaneateles  lake,  damages  for  waters  of do  124 

Surplus  waters,  Erie  canal,  relief  of  C.  P.  Durham  and 

others do  152 

Erie  canal  enlargement,  road,  street  and  farm  bridges 

over , do  1 80 

Saratoga  dam,  damages  for  erecting do  192 

Chemung  canal  feeder  dam,  to  construct  chute  in do  215 

Chenango  canal,  tolls  on do  249 

Oneida  river,  loan  for  improvement do  265 

Genesee  Valley  canal,  to  construct  locks  on   do  282 

Chemung  canal,  survey  to  State  line    do  283 

Alleghany  Slack-water  Navigation  Company,  incorpo- 
rated    do  288 

Oswego  canal,  use  of  surplus  waters do  291 

Black  river  canal  continuation,  survey  of  route do  297 

Branches  of  Hudson  river,  surveys  for  canals do  298 

Connewango  canal  survey,  from  Buffalo  to  State  line..  do  30£ 


2±  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGE. 

Glens  Falls  feeder,  price  of  nine  locks Stat,  340 

Erie  canal,  relief  of  contractors  (Laws  1838) do  344 

Chenango  canal,'  to  borrow  money  for do  353 

Junction  canal,  between  Troy  and  Lansmgburgh,  sur- 
vey of,  with  view  to  purchase do  371 

Main  and  Hamburgh  Street  canal,  Buffalo,  concurrent 

resolution  for  survey  of,  by  the  State  do  372 

U.  S.  canal,  from  Olean  to  Pittsburgh do  372 

1840. 

Erie  canal  enlargement,  to  provide  funds  for Stat.,  25 

( 117 

Public  works,  to  provide  funds  for  do 

Chemung  canal,  for  rebuilding  locks  on do  127 

Fort  Edward  creek,  damages  for do  135 

Genesee  river,  damages  for  mill-race,  Mt.  Morris do  140 

Chemung  canal  feeder,  to  build  ditch,  relief  of  T.  Noyes,  do  140 

Canal  board,  grant  rehearing  in  claim  cases do  154 

Chenango  canal,  funds  to  pay  damages  on do  173 

Oneida  Lake  canal  and  feeder,  to  issue  stock  for  purchase 

of do  204 

Surveyor-general,  certain  duties  of do  205 

Schoharie  creek  dam,  damages  for  raising do  219 

Lands,  Eexford  flats,  Saratoga  county,  to  be  released ...  do  220 

Skaneateles  lake,  damages,  drawing  water,  1839 do  224 

Junction  canal  (Troy  and  Lansingburgh),  to  be  pur- 
chased    do  225 

Commissioners  of  canal  fund,  transfer  of  State  stocks, 

etc do  229 

Albany  Pier  Company,  tolls  to  be  paid  to do  232 

Certiorari  to  supreme  court,  on  awards  of  appraisers..  do  233 

Canal  board,  powers  and  duties  of do  237 

State  hall,  apartments  in do  240 

Cayuga  and  Seneca  canal,  improvement  of do  248 

Main  and  Hamburgh  Street  canal,  to  complete do  253 

Scajaquada  creek  dam,  to  construct do  253 

Cayuga  lake  inlet,  to  remove  obstructions do  265 

Fort  Ann,  Washington   county,  to   raise  road,   along 

Wood  creek do  269 

T.oans  of  State  credit,  payment  of  interest  by  railroad 

companies do  299 

Eoad  and  farm  bridges  over  State  canals do  315 

Ship  canal  around  Niagara  Falls,  authorizing  consent 

to do  350 

Appointment  of  committee  to  examine  accounts do  352 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  25 

*  o  ^t  A  •  STATUTES.      PAGE. 

Albany  basin,  improvement  of Stat.,  30,  89 

Glens  Falls  feeder,  improvement  of do  88 

Canal  board,  powers  and  duties  of do  130 

Black  Eock  harbor,  damages  to  mill  on  dam do  153 

Onondaga  lake  outlet,  to  be  excavated do  154 

Lateral  canal,  Syracuse,  to  be  constructed do  155 

Revenue,  to  increase  the do  156 

Cohoes  Bridge  Company,  to  release  from  repairing  tow- 
ing-path    do 

Public  works,  loan  to  carry  on do 

Oneida  Lake  canal  and  feeder,  interest  on  stock do 

Cayuga  and  Seneca  canal,  improvement  of do 

Canal  department,  examination  of  accounts do 

Chemung  canal  and  feeder,  improvement  of do 

Funds    belonging   to   the    state,    regulating    accounts 

between    do  220 

Nine  Mile  creek  feeder,  to  modify  appropriation do  227 

Canal  department,  compensation  of  clerks do  263 

Touawanda  and  Oak  Orchard  creeks,  damages,  taking 

Avaters  of   do  302 

Black  River  canal,  contractors  for  culverts  on do  312 

Canaseraga  creek,  Madison  county,  damages  to  water 

privileges  do  220 

1842. 

Chemung  canal  and  feeder,  improvement  of Stat.,  17 

Debt  of  the  state,  paying  of,  and  preserving  credit do  79 

Public  works,  expenditure  on,  suspending,  except   in 

certain  cases do  83 

Chenango  river,  damages  for  dam,  Chenango  Forks. .  do  196 
Chemung  canal  and  feeder,  canal  commissioners  to  re- 
ceive certificates  of  stock do  217 

Chenaugo  canal,  damages  to  Robinson's  mills do  274 

(  313 

Pier  at  Whitehall,  damages  for do      •<  qo^ 

Bridges,  Erie  canal,  Utica,  relief  of  contractors do  329 

Black  Rock  harbor,  surplus  waters  of do  332 

Mill  street.  Lockport,  damages  for  embankment do  378 

Genesee  Valley  canal,  damages  for  J.  and  I.  Cox do  392 

Chemung  canal,  to  pay  for  lock-gates do  398 

Purchases  for  the  state,  taking  of  vouchers,  to  regu- 
late., do  400 


26  CHRONOLOGICAL  LIST  OF 

1843.                                    STATUTES.  PAGE. 

Printing  blanks,  to  contract  for Stat.,  6 

Bridges,  Buffalo  and  Fitzhugh  streets,  Rochester,  Rotter- 
dam street,  Schenectady,  and  Water  street,  Albany, 

to  construct do  21 

Public  works,  loan  to  pay  contractors do  30 

Tonawanda  creek,  damages,to  mills  of  J.  Sweeny do  31 

Spraker's  basin,  drain  under  Erie  canal  .' do  78 

Mohawk  aqueduct,  further  compensation  for do  91 

Chenango  canal,  damages  at  Oriskany  Falls do  221 

Canal  board,  members  of,  not  to  be  interested  in  con- 
tracts    do  240 

Revenues,  increasing  on  salt,  etc do  242 

Public  works  (suspended),  relief  of  contractors do  302 

Glens  Falls  feeder,  payment  of  arrearages  due do  303 

Onondaga  Salt  Springs,  relative  to  revenues  of do  310 

Contractors  on  public  works,  payment  of  arrearages  to,  do  348 

Engineers,  duties  of,  etc  do  343 

Black  Rock,  Erie  canal,  to  repair  lock do  348 

Appointment  of  committee  to  examine  accounts do  350 

1844. 

Nine  Mile  creek,  to  pay  damages  on Stat.,  110 

Mohawk  river,  Amsterdam,  damages  to  islands  in.    ...  do  325 

Fort  Edward  dam,  damages  from,  to  T.  Eddy do  390 

Public  works,  provide  for  preservation  of do  411 

Canal  commissioners,  reduce  number,  and  provide  for 

election do  414 

G-enesee  street,  Utica,  damages  to  lands  near do  428 

Cayuga  and  Seneca  and  Crooked  Lake  canals,  improve- 
ment of , do  467 

Canal  fund,  paying  debt  and  preserving  credit do  467 

Tonawanda  and  Ellicott  creeks,  preserve  public  works  in 

vicinity , do  517 

Utica  and  Schenectady  and  other  railroads,  to  pay  tolls,  do  518 

Erie  canal  at  Rome,  resolution  concerning do  536 

Amendments  to  constitution,  relative  to  State  debt,  etc.,  do  538 

1845. 

Canal  commissioners,  to  reduce  number  and  provide  for 

elections Stat.,  8 

Montezuma  salt,  relative  to  tolls  on do  25 

Cayuga  inlet,  repair  of,  and  tolls  on do  83 

Chenango  canal,  damages  at  Oxford do  104 

Oswego  canal,  take  charge  of  side-cut  at  Liverpool  ....  do  111 

Chenango  canal,  diversion  of  waters  of  Hatcher's  lake. .  do  161 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  27 

STATUTES.  PAGE. 

Tonawanda  creek,  damages  to  Vandervoort's  mill Stat.,  164 

Canal  board,  grant  rehearing  in  certain  cases do  283 

Eotterdam  street  bridge,  Schenectady,  relief  of  Yates..  do  291 

Seneca  outlet,  damages  for  raising  dam do  318 

Crooked  Lake  canal,  to  reconstruct  locks  on do  395 

Waste-weir  at  Mohawk,  Erie  canal,  damages  for  con- 
struction of do  435 

Genesee  Valley  canal,  damages  for  mill-race do  442 

1846. 

Erie  canal,  West  Troy,  damages  from  building  bridge . .  Stat,  14 

Chenaugo  river,  Chenango  Forks,  damages  from  dam..  do  55 

State  Lunatic  Asylum,  water  from  Chenango  canal. ...  do  101 

Mile  bridge,  Rotterdam,  to  commute  for do  129 

Palatine,  Montgomery  county,  damages  to  flat  lands. . .  do  140 

Junction  Canal  Company,  at  Elmira,  incorporated do  222 

Bridge,  Clay  street,  Rochester,  Genesee  Valley  canal ...  do  304 

Public  works,  for  the  protection  of do  308 

Cheuango  Junction  Canal  Company,  incorporated do  328 

Salina  side-cut,  damages  on  do  382 

Dansville  slip  and  basin,  to  be  assumed do  410 

Northern   Slackwater  and  Railroad  Company,  to  pro- 
vide for  construction   do  442 

Crooked  Lake  and  Chemung  canals,  locks  on,  and  other 

purposes do  464 

Canal  fund,  paying  debt  and  preserving  credit do  465 

1847. 

Ordinary  repairs,  debt,  etc.,  appropriation  for Stat.,  13 

Chenango  canal,  alteration  in  highway,  from  Cherry 

Valley  turnpike  to  Oriskany  Falls do  48 

Canada  thistles,  destruction  of,  on  canal  banks do  102 

Seneca  river,  damages  to  mills  at  Fayette do  104 

Seneca  river,  damages  to  mills  at  Waterloo do  104 

r   -i  -I  a 

Erie  canal,  Albany,  for  bridge  at  Lawrence  street do  _  22 

Eaton    Brook    reservoir,     damages     for     construction 

(Nelson) do  13C 

Scajaquada  creek,  Black  rock,  to  drain  lands  near do  142 

Bridges,  at  Washington  and  Michigan  streets,  Buffalo, 

Main  and  Hamburgh  Street  canal do  236 

Bridge,  Elmira,  Chemung  canal   do  236 

Canal  commissioners,  election  of do  2G3 

Crooked  Lake  canal,  to  rebuild  locks  on do  273 

Cayuga  Lake  inlet,  to  improve,  tolls  on,  etc do  274 


2S  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGE. 

Erie  canal,  locks,  new  work,  etc Stat.,  \  -~Q 

(  0  <  O 

Black  River  canal  and  Erie  canal  feeder,  construction  j  288 

of,  etc (573 

Oneida  river,  improvement  of do  289 

Oswego  canal,  locks  on,  etc do  289 

Genesee  Valley  canal,  construction  of do 

Eailroad  tolls,  relative  to do  298 

Public  works,  officers  on,  powers  and  duties  of do  314 

Jordan  level,  Erie  canal,  for  draining  old  canal,  etc  ....  do  351 

Bridge,  Alexander  street,  Rochester,  Erie  canal do  431 

Chenango  Canal  Bridge  Company,  to  rebuild  bridge  in 

Broome  county do  434 

John  Myers' claim,  appropriation  for  canal  board  award,  do  435 

Barre,  Orleans  county,  damages  from  culvert do  450 

Cayuga  and  Seneca  canals,  locks  on,  etc do  450 

Annual  reports  of  canal  officials do  452 

Oswego  canal,  damages  for  exchange  of  land do  454 

Canal  commissioners,  filling  vacancies  in  office do  458 

Owasco  outlet  improvement,  State's  prison  to  pay  for  . .  do  495 
Old  Erie  canal  and  Junction,  Erie  and  Champlain 

canals,  to  convey  to  owners  of  lands  adjoining. ...  do  512 

Erie  and  other  canals,  appropriations  for do  j  jLg 

New  Minden  feeder,  damages  for  construction  of do  576 

Canal  frauds,  pay  committee  of  investigation do  682 

Canal  commissioners,  salaries  of do  741 

1848. 

f  6 

Ordinary  repairs,  debt,  etc.,  appropriation  for Stat.,  <  13 

L470 

Scajaquada  creek,  Black  Rock,  to  drain  lands  near  ....  do  75 

State  engineer  and  department,  relative  to do  81 

Glens  Falls  feeder,  surplus  waters  of  (Sandy  Hill) do  91 

Canal  department,  appointment  of  auditor,  powers  and 

duties  of,  etc do  272 

Dansville  slip  and  basin,  to  be  assumed do  284 

Canal  debt,  falling  due  July  1,  1848 do  324 

Erie  canal  enlargement,  appropriation  for do  325 

Black  River  canal  and  Erie  canal  feeder,  appropriations 

for do  326 

Canal  funds,  relative  to do  326 

Sinking  fund,  to  provide  for  deficiencies do  326 

Genesee  Valley  canal,  appropriation  for do  328 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  29 

STATUTES.  PACK. 

Chemuug  canal,  change  course,  Watkins  creek  Stat.,  328 

Chemung  canal,  damages  for  dam,  Painted  Post do  367 

Northern  Slack  Water  and  Railroad  Company,  extension 

of  time do  402 

New  state  hall,  apartments  in do  412 

State  dam,  Lower  Black  Rock,  remove  obstructions 

below do  414 

Bridge,  Troup  street,  Rochester,  Genesee  Valley  canal . .  do  458 

Bridge,  Allen  street,  Rochester,  Erie  canal do  458 

Bridge,  Smith  street,  Rochester,  Erie  canal do  458 

Conesus  lake,  improvement  of,  as  reservoir  • do  461 

Surplus  waters,  Arcadia,  Wayne  county,  to  lease  to  R. 

Price do  463 

Chemung  canal,  Catherine's  creek,  damages  from  dam 

and  feeder  do  466 

Onondaga  salt  springs  reservation,  sale  of  lands  on  (§  6),  do  468 

Bridge,  Washington  street,  Rome,  Erie  canal do  482 

Brighton,  Monroe  county,  damages  to  lands do  487 

1849. 

Vacancies  in  office,  how  to  be  filled Stat.,  26,  36 

Scajaquada  and  Cornelius  creeks,  improvement  of do  88 

Chemung  canal,  change  of  line  on  summit  level do  97 

Bridge,  Church  street,  Medina,  Erie  canal do  246 

Excavating  Albany  basin,  loan  to  pay  for do  311 

Cayuga  and  Seneca  canals,  for  new  channel do  326 

Oswego  canal,  locks  on,  etc do  327 

Canal  debt,  due  July  1,  appropriation  for  do  327 

Black  River  canal  and  Erie  canal  feeder,  appropriation  (  329 

f  do  < 

for  (  338 

Erie  canal  enlargement,  appropriation  for do  328 

Crooked  Lake  canal,  to  rebuild  lock  (Seneca  lake) do  329 

Ordinary  repairs,  debt,  etc.,  appropriation  for   do  330 

Oneida  river,  improvement  of . . . '. do  330 

Conesus  and  other  lakes,  for  reservoirs,  to  supply  Gene- 
see  Valley  and  Erie  canals do  331 

Canal  fund,  claim  of,  on  general  fund do  339 

Canal  fund,  claims  upon,  expenses,  etc do  349 

Genesee  Valley  canal,  re-appropriation  for do  349 

Genesee  Valley  canal,  appropriation  for do  341) 

Loans  for  the  canals,  amending  chap.  215, 1848 do  350 

Damages,  debts  due  for  (prior  to  1st  June,  1846) do  351 

Locks,  Erie  canal,  between  Syracuse  and  Rochester. ...  do  352 

Erie  basin,  Buffalo,  to  change  or  alter  mouth  of do  352 

Otter  creek,  Gaines,  Orleans  county,  damages  to  saw-mill,  do  3(53 


30  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGE. 

Albany  basin,  removal  of  wrecks Stat,  399 

Canal  contracts,  relative  to do  502 

Canal  damages,  etc. ,  relative  to do  513 

Genesee  river  (Mt.  Morris),  damages  for  dam do  519 

Materials  and  tools,  for  the  purchase  of do  521 

Extraordinary  repairs,  appropriation  for do  528 

Polly  bridge,  Whitehall,  Ch'amplain  canal do  548 

Hudson  river,  improvement  of  upper  waters do  563 

Oneida  Lake  canal,  for  tow-path  along  Wood  creek  ...  do  581 

Albany  pier,  enlargement  of  opening do  589 

1850. 

Crooked  Lake  canal,  extra  work  on  locks Stat,  314 

Seneca  river  ( Baldwin sville),  to  improve  navigation. ..  do  317 

Genesee  Valley  canal,  appropriation  for do  377 

Bridge,  Shelby's  basin,  Orleans  county,  Erie  canal  ....  do  383 

Debt  due  in  1851,  appropriation  for do  383 

Old  canal  at  Geddes,  to  be  abandoned do  395 

Spencerport,  Monroe  county,  to  abate  nuisance do  398 

Bridge,  fourth  ward,  Eochester,  to  take  (built  by  W. 

H.  Smith) . do  399 

Black  Eiver  canal,  appropriation  for do  399 

Bridge,  Lodi,  Franklin,  McBride  and  Townsend  streets, 

Erie  canal,  Syracuse do  457 

Bridge,  Division  street,  Oswego  canal do  457 

Bridges.  Genesee  street,  Buffalo,  Erie  canal do  470 

Fort  Miller  dam,  to  be  abandoned do  575 

Draw-bridge  (Oak  Orchard),  Oneida  river do  579 

Transportation  on  railroads,  free  from  canal  tolls do  580 

Bond  from  contractors,  for  laborers'  wages do  616 

Exchange  street,  Eochester,  damages  at  (and  1851,  p. 

729)  do  627 

Cayugaand  Seneca  canals,  highway  along  Seneca  lake. .  do  637 

Bridge,  Fulton,  Oswego  county,  Oswego  canal do  683 

[685 

Otsquago  creek,  Fort  Plain,  damages  for  overflow do  <  686 

[790 

Eaton  brook  reservoir,  damages  for  dam  . do  690 

Erie  enlargement,  appropriations  for do  76(5 

Dansville  slip  and  basin,  to  be  assumed do  77 1 

Albany  basin  loan,  appropriation  to  pay  interest  on  ....  do  787 

Fort's  Ferry,  Saratoga  county,  damages  to  lands  at  ....  do  789 
Christopher     Adams,    late    superintendent,    to    settle 

accounts do  791 

Appropriations  for  premiums  on  loans do  791 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  31 

STATUTES.  PAGE. 

Oswego  canal,  repealing  part  of  act  of  1849,  and  dis- 
continuing work Stat.,  792 

Ordinary  repairs,  debt,  etc.,  appropriation  for do  796 

State  engineer  and  surveyor,  powers  and  duties  of do  799 

1851. 

Cayuga  and  Seneca  canal,  highway  along  (Geneva)  . . .  Stat.,  62 
Canal  commissioners  and  superintendents,  powers  and 

duties  of do  67 

Clerk  of  canal  appraisers,  salary  of do  98 

Chuctenunda  creek    aqueduct,    Florida,    Montgomery 

county do  330 

Weighlock  and  surplus  waters  (Utica),  damages  for do  335 

Mill  creek,  Schenectady,  to  remove  obstructions  from . .  do  336 
Black  River  canal  and  Black  river,  for  reservoirs  to  sup- 
ply with  water    do  347 

Chittenango  creek,  damages  for  diversion  of  waters  ...  do  357 
Farm  bridge,  Frankfort,  Herkimer  county,  damages  for 

discontinuance  of  (in  1840) do  360 

Bridge,  Jay  street,  Rome,  Erie  canal do  374 

Abandoned  lands,  to  convey  to  heirs  of  E.  Rexford  ....  do  427 

Canastota.  Madison  county,  damages  (T.  Barlow) do  427 

Onondaga  salt  springs  and  Onondaga  lake  outlet,  relative 

to do  558 

Ordinary  repairs,  debt,  etc.,  appropriation  for do  564 

Buffalo  and  Black  Rock  Railroad  Company,  damages  to 

(in  Buffalo) do  567 

Draw-bridge,  Oak  Orchard,  Oneida  river do  595 

Bridge,  Ingersoll  street,  Albion,  Erie  canal do  601 

Oswego  canal,  re-appropriation  for do  682 

Ordinary  repairs,  tolls,  etc.,  for  deficiency  in  1850 do  697 

Bridge,  Utica  street,  Oswego,  Oswego  canal  do  698 

Geddes,  Onondaga  county,  damages  to  0.  Barker do  703 

Oneida  river  improvement,  re-appropriation  for do  790 

State  dam,  Troy,  damages  to  Cohoes  island do  804 

Erie  canal  enlargement,  Genesee  Valley  canal  and  Black 
River  canal,  surplus  revenues  of  1851,  1852,  1853 
and  1854  (after  paying  debt,  etc.,  to  be  applied  for 

completion  (repealed,  1854) do  911 

Powers  and  duties  of  state  officers,  proceedings  against, 

etc '. do  920 

Tolls  on  railroads,  to  abolish do  927 

Oswego  canal,  to  enlarge  locks,  etc do  93£ 

Cayuga  marshes,  to  be  drained   do  942 

Sewer,  Platt  street,  Rochester,  liability  of  state,  etc do  947 


32  CHRONOLOGICAL  LIST  OF 

STATUTES.       PAGE. 
Waste- weir,  "Wood  creek,  Washington  county,  damages 

to  Empey's  land Stat.,  950 

Erieville  reservoir,  Madison   county,  damages  for  con-  j    95^ 

struction  of (  1004 

Cayuga  lake  and  outlet,  improvement  of do  991 

1852. 

Ohio  basin,  Buffalo,  for  relief  of  contractors Stat.,  70 

Bridge,  Pine  street,  Buffalo,  Erie  canal do  155 

Dam,  Seneca  Falls,  damages  for  construction do  274 

Counsel  for  auditor,  to  employ  in  case  pending do  294 

Draw-bridge,  Oak  Orchard,  to  be  assumed  do  325 

Cayuga  inlet,  protection  of do  374 

Enlargement  Erie  and  Oswego  canal,  and  completion 

of  Black  River  and  Genesee Valley  canals,  contracts 

for  completion  of,  etc.  (repealed,  1853) do  405 

Oswego  canal,  to  change  line  of,  in  Phoenix  do  416 

Ordinary  repairs,  debt,  etc.,  appropriations  for do  491 

Two  bridges,  Elmira,  Chemung  canal  do  518 

Cayuga  and  Seneca  canal,  lock  at  Oatman's  mill-race. .  do  549 

Bridge,  Garden  street,  Utica,  Chenango  canal  (in  1865),  do  570 

Junction  Canal  Company,  renew  corporate  powers  ....  do  584 

Amendment  of  Revised  Statutes,  canal  fund  deposits  .'.  do  584 
Canajoharie,  Montgomery  county,  damages  to  Van  Al- 

stine  farm  do  608 

Albany  basin  loan,  and  other  expenses,  appropriation 

for  interest  on do  682 

Canal  lettings,  committee  to  investigate do  727 

1853. 

Canal  department,  expenses  of,  etc . .  • Stat.,        45 

Pier  at  West  Troy,  relative  to   do  77 

Superintendents,  abstracts  of  official  disbursements  ...  do  78 

Oneida  creek,  damages  to  Hulbert  and  Vrooman do  88 

Bridge,  Carthage,  Black  river,  to  construct do  302 

Cayuga  marshes,  to  drain do  312 

Oswego  canal  locks,  appropriation  for do  360 

Canal  and  general  fund,  tax  for do  417 

Bridge,  Ferry  street,  West  Troy,  Erie  canal do  439 

Junction  Canal  Company,  amendatory   do  524 

Ward's  mills,  Albion,  damages  to do  542 

Bridge,   Hospital   street,  junction   Court   and  Georgia 

streets,  Buffalo,  Erie  canal   do  6G7 

Bridge,  Chestnut  street,  Syracuse,  Erie  canal do  669 

Bridge,  Geddes  street.  Geddes,  Erie  canal  do  669 


STATUTES  OP  NEW  YORK  RELATING  TO  CANALS.  33 

STATUTES.  PAGE. 

Canajoharie  creek,  damages  from,  in  1852 Stat.,  -j  g~o 

Tow-path  bridge,  Cohoes,  Mohawk  river  do  786 

Bridge,  Bridge  street,  P.hoenix,  Erie  canal do  842 

Bridge,  Seymour  street,  Tonawanda,  Erie  canal do  852 

Enlargement  of  the  canals,  repealing  law  of  1852  (chap. 

270) do  934 

Bridge,  Perry  street,  Buffalo,  Clark  and  Skinner  canal,  do  976 

Bribery,  amending  law  relating  to    do  1011 

Eevenue  certificates,  appropriation  for  interest  on  ....  do  1018 

Oswego  canal  loan,  appropriation  for  interest  on do  1019 

Niagara  Ship  Canal  Company,  incorporated do  1121 

Bridge,  Bear  Ridge,  Tonawanda  creek do  1129 

Erie  and  other  canals,  appropriations  for do  1176 

Genesee  river,  Rochester,  damages,  diversion  of  waters,  do  1226 

Ordinary  repairs,  debt,  etc.,  appropriations  for do  1230 

State  debts  and  expenses,  to  provide  means  to  pay do  1233 

Amendment  to  constitution,  relative  to  sinking  fund, 

etc do  1263 

1854. 

Amendment  to  constitution,  completion  of  the  canals  . .  Stat.,  1 1 

Erie  and  other  canals,  improvement  of do  28 

Labor  and  materials,  provide  for  payment  for do  470 

Dam  at  Caughdenoy,  Oneida  river do  497 

Junction  and  Chemuug  canals,  connection  at  Elmira. .  do  512 

Lester  mill  dock,  Bald winsvi lie,  rehearing *. .  do  590 

Albany  basin  loan,  appropriation  for  interest  on do  629 

Contracts  for  canal  repairs,  to  let  (1  to  3  sections) do  687 

Deficiencies,  appropriations  to  meet do  689 

Enlargement  of  Erie  and  other  canals,  and  other  pur- 
poses, appropriations  for,  etc do  691 

Ordinary  repairs,  etc.,  appropriations  for,  etc do  699 

Feeder,    Genesee  Valley   canal,    survey    and    estimate 

for do  701 

Management  of  the  canals,  regulations,  etc do  701 

Seneca  river    improvement    and    Baldwinsville  canal, 

management  of,  etc do  703 

Enlargement  Erie  and  other   canals,   repealing  act  of 

July  10,  1851 do  711 

Oswego  canal  loan,  appropriation  for  interest  on do  1011 

Amendment  to  constitution,  payment  of  expenses,  etc.,  do  1103 

Tolls,  reduction  of do  1107 

G-.  W.  Newell  (late  auditor),  proceedings  against do  1108 

5 


34  CHRONOLOGICAL  LIST  OF 

1855.  STATUTES.       PAGE. 

Enlargement  Erie  and  other  canals,  loan  for,  and  for 

revenue  certificates Stat. ,        27 

Chemung  canal,  damages  to  Charles  Cook do           29 

Potter's  mills,  Albion,  damages  to do           56 

Collection  of  debts  due  state,  upon  lost  evidences  . .  do         1 23 

Whitehall  harbor,  to  remove  obstructions do         249 

Tonawanda  bridge,  to  be  built do         256 

Chemung  river,  Corning,  to  build  piers,  etc do         378 

Bridge,  Ferry  street,  West  Troy,  Erie  canal do         386 

Baker  farm,  Rotterdam,  damages  to do         397 

Bridge,   Wilcox    farm,    Saratoga    county,    Champlain 

canal do 

Black  Eock  harbor,  to  remove  obstructions do 

Canal  and  general  fund,  tax  for do 

Road  at  Wood  Creek,  to  be  filled  up do 

Bridge,  Slade  farm,  Saratoga  county,  Champlain  canal,  do 

Erie  canal  enlargement,  Lockport,  relief  of  contractors,  do 

Village  of  Geddes,  to  abate  nuisance do 

Genesee  river,  Rochester,  damages,  diversion  of  waters,  do 

Grade  of  railroads,  powers  in  relation  to  . .  • do 

Ordinary  repairs,  debt,  etc.,  appropriations  for do 

Oneida  river  improvement,  appropriations  for do 

Canal  revenues,  to  prevent  frauds do 

Canal  damages  and  vouchers,  relative  to do 

Appropriation  acts  and  certain  canal  expenses do 

Scajaquada  creek,  to  complete  draining  of do 

Tonawanda  swamp,' drainage  of do 

Canal  repairs,  letting  by  contract do 

Crooked  Lake  canal,  complete  improvement  of do 

Late  Auditor  Newell,  action  against do 

1856. 

Protested  draft  award,  appropriation  for Stat., 

Bridge,  Vernon  street,  Middleport,  Erie  canal do 

Canal  and  general  fund,  tax  for do 

Onondaga  salt  springs,  amending  acts  relative  to do 

North  side-cut  canal,  Syracuse,  to  extend do 

Onondaga  lake,  to  reduce  level do 

Culvert  under  canal,  Rochester,  to  construct  and  main- 
tain .      do 

Bridge,  Nelson  street,  Rochester,  Erie  canal do 

Bridges,  Doxtater  avenue  and  Bouck  street,  Rome,  Erie 

canal do 

Ordinary  repairs,  debt,  etc.,  appropriations  for do 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  35 


STATUTES. 

PACK. 

Geuesee  Valley  canal,  extension  of  

Stat., 

243 

Enlargement  locks,  Champlain  canal,  deficiency  in  funds 

for  

do 

250 

Waters  of  Oneida  creek,  appropriation  to  pay  award  .  . 

do 

(259 
(336 

Leakage,  West  Troy,  damages  to  J.  T.  Van  Alstyne  .... 

do 

330 

Changing  canal  and  basin,  Geddes,  damages  for  

do 

338 

1857. 

Appropriation  acts  and  certain  canal  expenses  Stat., 

vol.  1, 

(    13 

\ 

Improvement  Seneca  river,  to  assess  damages  for  

do 

j    84 
(    86 

Payment  of  commissioners  appointed  to  expend  certain 

moneys  

do 

200 

Repair  contracting  board,  powers  and  duties  of  

do 

214 

Bridge,  Horseheads,  Chemung  canal  

do 

395 

Bridge,  Geddes  street,  Onondaga  county,  Erie  canal  .  .  . 

do 

396 

Waters  of  Chemung  river,  damages,  diversion  of  water, 

do 

446 

Bridge,  Ferry  street,  West  Trov,  Erie  canal   

do 

470 

Docking  at  West  Troy,  damages  for  

do 

470 

Interest  on  loan,  payment  of  

do 

474 

Hamilton.  Madison  county,  damages   for  diversion  of 

waters  

do 

477 

Waters,  Black  river,  for  Erie  canal,  etc.,  damages  for.  .  . 

do 

504 

Genesee  Valley  canal,  extend  to  Millgrove  pond   

do 

506 

Abandoned  canals,  relative  to  

do 

553 

Canal  funds,  repayment  to  

do 

748 

Enlargement  and  completion,  tax  for  

do 

756 

Ordinary  repairs,  debt,  etc.,  appropriation  for  

do 

757 

Enlargement  and  completion,  appropriations  for  

do 

759 

Canal  draft  (E.  N.  Merriam),  payment  of  

do 

814 

Draw-bridge.  Tiffany's  landing,  Black  river  

do 

850 

Waste-weir,  Stillwater,  damages  for  ,  

do 

869 

Bridge,  Canajoharie,  damages  for  not  building   Stat, 

vol.  2, 

13 

Enlargement  Cayuga  and  Seneca  canals,  relative  to  

do 

23 

Fultonville,  Montgomery  county,  damages  for  bridge  .  . 

do 

34 

Island  opposite  Troy,  damages  to  

do 

38 

Dam,  Tonawanda  creek,  to  remedy  evils  of.  

do 

44 

Improvement,  Owasco  lake  and  outlet,  means  for  com- 

pleting   

do 

107 

Canal  appraisers,  term  of  office  and  salaries  

do 

141 

Appropriation  acts,  for  certain  canal  expenses  

do 

(150 

|733 

Report  on  waters  of  Black  river,  payment  of  

do 

220 

36  CHRONOLOGICAL  LIST  OF 

STATUTES. 

Onondaga  salt  works,  to  have  engineer  if  required  . .   Stat.,  vol.  2, 

Ditch,  Manlius,  Onondaga  county,  to  construct do 

Commissioners  of  public  accounts,  compensation,  etc. .  do 

Chamberlain's  dam,  Seneca  county,  damages  at do 

Printup's  aqueduct,  Montgomery  county,  relief  of  con- 
tractors    do  331 

Bridge  over  Mud  creek,  Lyons,  relative  to do  333 

Kochester  mill  owners,  confirming  awards  to do  345 

State  culvert,  Syracuse,  for  construction  of do  423 

Deputy  state  engineer  and  surveyor,  appointment  of. .  do  426 

(  522 

Bridge  embankment,  Lyons,  Wayne  county,  damages  at,  do  •]  -2q 

Bridge,  Grove  Springs,  Verona,  Erie  canal do  531 

Genesee  river,  damages  taking  waters  of do  537 

Waste-weir,  York,  Livingston  county,  damages  at do  541 

Bridge,  Frankfort  street,  Frankfort,  Erie  canal do  543 

New  certificates  of  State  stock,  issued  in  case  of  loss  . .  do  548 

Bridge  embankment,  Knowersville,  damages  at do  567 

Enlargement  contractors,  interest  on  money  withheld  . .  do  569 

Bridge,  Breckenridge  street,  Buffalo,  Erie  canal do  579 

Bridge,  Mill  street,  Little  Falls,  Erie  canal do  580 

Old  canal,  Port  Byron,  to  be  abandoned  do  581 

Culvert,  Oswego  canal,  obstructions  to  be  removed do  586 

Seneca  Falls,  damages  to  saw-mill do  587 

Black  River  canal,  damages  by  leakage  from do  620 

Labor  and  materials,  time  of  payment  extended do  726 

Auditor  canal  department,  appointment  of do  731 

Surplus  waters,  not  to  be  leased  by  contractors   do  794 

Chenango  canal  extension,  survey  of,  etc do  798 

1858. 

Old  canal,  Port  Byron,  to  be  abandoned  Stat,  180 

Bridge  embankment,  Syracuse,  damages  for do  205 

Bridge  over  Black  river,  regulations,  etc do  215 

Break,  Orleans  county  (1857),  damages  for do  283 

Outlet,  Cayuga  lake  and  Seneca  river,  to  remove  obstruc- 
tions    do  299 

Bridge,  Griffith  street,  Eochester,  Erie  canal do  304 

Black  River  canal  and  feeder,  contract  for  repairs do  305 

Bridge,  Frankfort,  Herkimer  county,  Erie  canal do  317 

Chemung  and  Steuben  counties,  to  repair  drain do  319 

Gascon  Rapids,  Seneca  river,  damages  from  upper  dam,  do  322 

Ordinary  repairs,  debt,  etc.,  appropriations  for do  332 

Enlargement  locks,  Chemung  canal,  providing  for do  333 


STATUTES  OF  NEW  YOKK  RELATING  TO  CANALS.  37 

STATUTES.  PACK, 

Embankment,  Verona,  Oneida  county,  damages  for. . . .  Stat.,  391 
Registry  of  liens  and  incumbrances  on  boats  and  crafts 

navigating  the  canals do  396 

Erieville  reservoir,  Nelson,  leakage  from do  407 

Drafts,  canal  commissioners  and  canal  board  awards, 

payments  of  interest  on do  416 

Bridge,  Hamilton  street,  Buffalo,  Erie  canal do  430 

Bridge,  White  street,  Cohoes,  Erie  canal do  472 

Appropriation  acts,  certain  canal  expenses do  \  ~-Q 

Appropriations  for  Erie  canal,  transfer  of,  to  lateral 

canals do  554 

Woodhull  reservoir,  damages  for  construction  of do  594 

Chub  lake  reservoir,  damages  for  construction  of do  595 

Canal  debt,  to  pay  interest  on do  596 

Hudson  river,  opposite  Troy,  to  increase  depth  of do  628 

1859. 

Collection  of  tolls  and  navigation  of  the  canals,  amend- 
ing regulations  and  penalties Stat.,  39 

Chenango  canal  extension,  examination  of  survey  for. .  do  264 

Enlargement  and  completion,  to  provide  means  for  ....  do  372 

Ordinary  repairs,  debt,  etc.,  appropriation  for do  485 

Abandoned   Erie  canal,   Rochester,  to   release  interest 

of  state do  492 

Loan  to  pay  floating  debt  of  the  state,  to  submit  to 

the  people do  586 

Enlargement  and  completion,  re -appropriation  for  ....  do  752 

To  restore  water  to  Black  river,  amendment do  752 

Salt  revenues,  bank  of  deposit do  813 

Onondaga  salt  springs,  to  appoint  engineer  for do  821 

Onondaga  salt  springs,  to  receive  water  from  the  canal,  do  841 

Bridge,  Fort  Edward,  old  feeder do  886 

Auditor  to  act  for   commissioner,  when  the  latter  is 

disqualified    do  892 

Dunham  and  Smith's  basins,  waste-weirs,  damages  from, 

in  1858 do  952 

Noandaga  creek,  Danube,  Herkimer  county,  damages 

from  do  956 

Port  Byron,  Cayuga  county,  damages  for  embankment,  do  957 

Main  street,  Albion,  damages  for  bridge  embankment,  do  961 

Dam,  Caughdenoy,  Oneida  river,  damages  for do  965 

Johnson  and  Seymour's  race,  Rochester,  damages  for 

diversion  of  waters do  972 

Reports  of  state  officers,  relative  to do  1024 


38  CHEONOLOG-ICAL  LIST  OF 

STATUTES.  PAGE. 

Culvert,  Stillwater,  Saratoga  county,  Champlain  canal,  Stat.,  1052 
Transfer  from  canal  fund  to  general  fund,  of  certain 

moneys,  etc , do  1058 

Crooked  Lake  canal,  appropriation  to  improve  upper 

level do  1059 

State  lunatic  asylum,  water  from  Chenango  canal do  1008 

Canal  officials,  powers  and  duties  of do  1132 

Appropriation  acts,  certain  canal  expenses do     \  | 

(  llOo 

Berme  side,  Chenango  canal,  to  lay  railroad  track do  1152 

Buffalo  breakwater,  resolution  relative  to do  1205 

Toils,  resolution  relative  to    do  1210 

1860. 

Interest  on  loan,  etc.,  to  provide  for Stat.,  17 

Oneida  Lake  canal,  to  rebuild  locks  on,  etc do  57 

Ordinary  repairs,  debt,  etc.,  appropriation  for do  75 

Contracting  board,  repealing  parts  of  law  of  1857 do  152 

Surplus  waters,  Oswego  canal  (Oswego),  damages  for 

diversion  of,  in  1854  and  1855 do  154 

Bridge,  state  drain,  Lysander,  to  repair do  159 

Bridge,  Vleet  street,  Cohoes,  Erie  canal do  196 

Completion  of  the  canals  and  supply  of  water,  tax  for,  do  355 

Ditch,  Nelson  street,  Eochester,  to  construct  do  674 

Bridge  embankment,  Exchange  street,  Eochester,  dama- 
ges for  do  687 

(717 

Appropriation  acts,  certain  canal  expenses do      j  ggg 

i     ^iOf* 

Bridge,  Minetto,  Oswego  canal do       -j  ^^ 

Surplus  waters,  Lockport,  1855  and  1859,  damages  for 

diversion  of do  730 

Canal  drafts,  certificates,  etc.,  payment  of  interest  on. . .  do  797 
Enlargement  and  completion  of  the  canals,  interest  on 

the  debt,  etc.,  tax  for do  986 

1861. 

Ordinary  repairs,  debt,  etc.,  appropriation  for Stat.,  118 

Inland  Navigation  Insurance  Company,  relative  to. ...  do  1G8 
Canal  debt  sinking  fund,  invest  portion  of  in  certain 

tax do  183 

Navigation  of  the  canals  and  collection  of  tolls,  relative 

to do  219 

Schoharie  creek  aqueduct  and  dam,  damages  for  con- 
struction   do  457 

Auditor  of  canal  department,  relative  to do  473 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  39 

STATUTES.  PAGE. 

(  505 

Appropriation  acts,  certain  canal  expenses Stat.,  •]  -03 

Black  creek,  Genesee  Valley  canal,  damages  for do  529 

Bridge  embankment,  Port  Byron,  damages  for    do  -j  ??« 

Bridge     embankment,     Middleport,    Niagara    county, 

damages  for do  575 

Cayuga  marshes,  draining  of do  612 

Limestone  creek  feeder,  Fayetteville,  damages  for do  632 

Appeals  by  state  officers,  no  security  necessary do  661 

Division  and  resident  engineers,  repealing  law  of  1860, 

relative  to do  780 

1862. 

Waters  of  Black  river,  damages  for   Stat.,  9 

Erie  canal  enlargement,  facilitate  portion  of do  18 

Ordinary  repairs,  debt,  etc.,  appropriation  for    do  26 

Clyde,  Wayne  county,  to  abate  nuisance do  127 

Bridge,  Oneida  river,  Caughdenoy,  Oneida  river  improve- 
ment    do  221 

Patent  iron  truss  bridges,  to  pay  Wkipple  for do  242 

Bridge,  Garden  street,  Utica,  Chenango  canal do  265 

Bridge,  Elmira,  Chemung  county,  Chemung  canal  ....  do  286 
Enlargement  and  completion  of  the  canals,   re-  appro- 
priation for  do  301 

Enlargement  and  completion  of  the  canals,  and  employ- 
ment of  engineers,  etc..  to  regulate,  etc do  339 

Waste-weir,  Black  River  canal,  damages  for do  354 

Land  for  new  canal,  Fort  Ann,  damages  for do  378 

Bridge,    Atkinson    street,    Rochester,    Genesee   Valley 

canal do  382 

Bridge,  embankment.  Rochester,  damages  for do  406 

Public  accounts,  committee  of  examination do  407 

Bridge  embankment,  Tyre,  Seneca  county,  damages  for,  do  518 
Enlargement  and  completion  of  the   canals,  and  to  in- 
crease revenue  of  sinking  fund,  to  provide  the  means,  do  526 

Protested  canal  drafts,  to  pay  interest  on do  539 

Contracting  boards,  publication  of  notices do  5GO 

Bridges,  for  the  protection  of do  569 

Bridge.  Belfast,  Allegany  county,  Genesee  Valley  canal,  do  710 

Onondaga  Lake  outlet,  damages  for  widening do  728 

Bloody  Brook,  Salina,  damages  for  changing  bed  of. . .  do  746 

Defense  of  the  lakes,  adaptation  of  the  canals  to do  746 

(  ''/'''yfi 

Appropriation  acts,  certain  canal  expenses do  •<  gl , 


40  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGE. 

Caual  drafts  certificates,  payment  of  interest  on Stat.,  863 

Cayuga  Lake  outlet  and  Seneca  river,  to  remove  obstruc- 
tions    do  865 

Bridge,  Evans  street,  Geneva,  Cayuga  and  Seneca  canal,  do  866 

Oneida  Lake  canal,  to  rebuild  locks  on  %. . . .  do  977 

Tolls,  resolutions  for  reduction  of do     •<  ,  ^ 

State  dam,  Phoenix,  resolutions  relative  to  height  of  ...  do  1001 

Survey  of  the  Alleghany  river,  resolutions  relative  to  . .  do  1002 

1863. 

Ordinary  repairs,  debts,  etc.,  appropriation  for Stat.,      455 

Clark  and  Skinner  canal,  Buffalo,  to  be  conveyed  to 

state    do  58 

Delaware  and  Hudson  Canal  Company,  relative  to do  71 

Selling  offices  a  misdemeanor do  71 

Nine  mile  creek  feeder,  cleaning  out  and  completion  of,  do  106 

Chenango  canal  extension,  to  provide  for do  173 

Improvement  of  navigation   of  Hudson  river,   appro- 
priation for,  etc    do  190 

Canal  board,  to  hear  certain  claims,  completion  of  the 

canals,  etc do  198 

Appropriation  acts,  certain  canal  expenses do  ]  QKC 

Protested  canal  drafts,  payment  of  interest  on do  218 

Chemung  canal  feeder,  Corning,  for  improvement  of. .  do  276 
Bridges,  Church  street  and  Washington  avenue,  Elmira, 

Chemung  canal do  281 

Canal  drafts,  certificates,  etc.,  to  pay  interest  on do  331 

Bridge,  Frankfort,  Herkimer  county,  for  highway  in 

place  of do  486 

Dam  and  mill,  Hume,  Allegany  county,  damages  to  . .  do  497 

Bridge,  White  street,  Cohoes,  Erie  canal  do  525 

West  branch,  Chittenango  creek,  damages  for  taking 

waters do  528 

Bridge  embankment,  Warren  street,  Syracuse,  damages 

for do  529 

Bridge  embankment,  Adams  basin,  Monroe  county, 

damages  for do  531 

Overflow  of  Wood  creek,  Herkimer  county,  damages 

for do  531 

Canal  revenues,  to  appropriate  parts do 

Ditch  or  culvert,  Tonawanda,  Erie  county,  to  construct,  do  538 

Ditch,  Macedon,  Wayne  county,  damages  for do  539 


STATUTES  OF  NEW  YOEK  RELATING  TO  CANALS.  41 

STATUTES.  PAGE. 

Bridge  embankment,  Schuyler  street,  Utica,  damages 

for Stat,  548 

Oak  Orchard  creek  and  canal  feeder,  appropriation  for 

(repealed  1867) do  553 

Oil  creek  reservoir  and  Isckua  feeder,  relative  to do  558 

Bridge,  Amherst,  Erie  county,  Erie  canal do  559 

Bridge,  Montezuma,  Cayuga  county,  Erie  canal do  560 

Interest  on  canal  debt,  premium  on  coin,  etc do  561 

Bridge,  Higginsville,  Oneida  county,  Erie  canal    do  503 

Bridge  embankment,  Lyell  street,  Rochester,  damages 

for do  566 

Bridge,    Corning,    Steuben    county,    Chemung    canal 

feeder  do  570 

Harlem  and  Hudson  River  Canal  Company,  incorpo- 
rated    do  612 

Drain,  Canajoharie,  Erie  canal do  633 

Tannery,  Albion,  Orleans  county,  damages  for do  652 

Bridge,  side-cuts,  West  Troy,  Erie  canal do  704 

Bridge,  Prime  Street,  Buffalo,  damages  for  raising do  716 

Griffin  creek  feeder,  damages  for  construction  of do  755 

Bridge,  Griffith  street,  Rochester,  Erie  canal do  816 

Baldwinsville  canal,  to  rebuild  locks  on,  etc do  824 

Bridges  in  Rochester,  Mt.  Morris  and  Nunda,  to  con- 
struct     do  827 

Weigh-lock  at  Oswego,  appropriation  for do  829 

Embankment,  Niagara  river  road,  damages  to  lands..  do  830 

Granger,  collector  of  tolls,  Buffalo,  for  relief  of do  887 

Enlarging  the  locks,  resolution  relative  to do  906 

1864. 

Ordinary  repairs,  debt,  etc.,  appropriation  for  deficiency 

(1863) Stat.,  43 

Bridge,  Corning,  Steuben  county,  Chemung  canal   ....  do  45 

Ditch  or  sewer,  Albion,  Orleans  county,  Erie  canal..  do  105 
Improvement  navigation  of  Hudson  river,  appropriation 

for,  etc do  158 

Improvement  Black  river  from  mouth  of  Otter  creek  to 
Carthage,  providing  and  apportioning  unexpended 

balances  for : do  327 

Genesee  Valley  canal,  for  water  for  summit,  etc do  352 

Bridge,  Lyons  Falls,  Black   river,    and   imposition   of 

tolls  on  Moose  river,  relative  to do  358 

Chenango  canal  extension,  to  provide  means  for do  375 

Improvement  Champlain  canal,  to  provide  means  for  . .  do  377 

Draw-bridge,  Cross  street,  Elmira,  Chemung  canal  ....  do  392 
6 


42  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGE. 

Whipple  patent  on  bridges,  relief  of  J.  Hutchiuson  . . .  Stat,  304 

Locks,  Chemung  canal  and  feeder,  to  rebuild do  484 

Improvement  Beaver  river,  relative  to   tolls  on  .......  do  485 

Repair  contracts,  relative  to do  546 

Canal  drafts,  certificates,  etc.,  to  pay  interest  on do  627 

(  675 

Appropriation  acts,  certain  canal  expenses do  <  796 

(900 
Wellsbrook,   "Western,    Oneida   county,  damages  from 

aqueduct do  716 

Canal  revenues,  appropriation  of  remainder do  727 

Canal  and  sinking  fund,  appropriations  for do  735 

Ditch,  Arcadia,  Wayne  county,  damages  for  digging. . .  do  750 

Stone  side-cut  locks,  West  Troy,  appropriation  for  ....  do  834 

Lock  No.  2,  Erie  canal,  to  rebuild do  835 

Ordinary  repairs,  debt,  etc.,  appropriation  for do  903 

Liens  and  iucumbrances  on  boats,  etc.,  navigating  the 

canals,  relative  to do  993 

Overflow  in  Fort  Edward  and  Kingsbury,  damages  for,  do  1012 

Embankment,  Palmyra,  damages  for  construction  of  . .  do  1013 

Leakage  from  canal,  Lockport,  to  remedy do  1014 

Clark  and  Skinner  canal,   Buffalo,  accept  releases   of 

lands  near do  1113 

Snyder  patent  draw-bridge,  Elmira,  Chemung  canal..  do  1114 
Culvert     and    draw-bridge,    Chemung    river,    Elmira, 

Chemung  canal do  1115 

Bridge,  North  street,  Port  Leyden,  Black  River  canal..  do  1116 
Bridge  abutment,  Exchange  and  Adams  streets,  Lock- 
port,  to  be  rebuilt do  1116 

Pickard's  bridge,  Tonawanda  creek,  Erie  canal do  1117 

Phoenix  and  Horseshoe  dams  on  the  Oswego  river,  re- 
building   and  regulating  the  height  of do  1118 

Bridge,  Three  river  point,  Oneida  river do  1119 

Waters  of  Owasco  outlet,  damages  for  diversion  of do  1120 

Oswego  canal  enlargement,  damages  for  (in  Syracuse) . .  do  1122 
Drains  and  ditches,  Horseheads,  Chemung  county,  con- 
struction of  do  1125 

Borden's  bridge,  Frankfort,  Herkimer  county,  damages 

for  not  rebuilding do  1130 

Farm  bridge,  Belfast,  Allegany  county,  Genesee  Valley 

canal do  1160 

Dam,  Mohawk  river,  Manheim,  damages  for do  1316 

OsAvego  canal  enlargement  and  changing  bed  of  Bloody 

brook,  Salina,  damages  for do  1334 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  43 

1  o  O  5 .                                     STATUTES.  PAGE. 

Chemung  canal  feeder  (Corning),  to  complete  the  work  i    27 

on   Stat.,  \  545 

Bridge,  Bridge  street,  Seneca  Falls,  damages  for  building,  do  30 

Canal  debt,  etc.,  appropriation  for do  79 

(    112 

Deficiency  bill,  appropriation  for do  -j  ,  91 Q 

Awards  and  increase  of  revenues,  to  provide  for do  115 

Stagnant  water  near  Beard's  creek,  Genesee  Valley  canal,  do  178 

Bridge,  Washington  street,  Watkins,  Chemung  canal  . .  do  250 

Bridge,  Corning,  Chemung  canal  feeder   do  289 

Bridge,  Canajoharie,  Montgomery  county,  Erie  canal. .  do  326 

Two  bridges,  Wood  creek,  Whitehall,  Champlain  canal,  do  363 

Breaks  and  breaches,  appropriation  to  pay  expenses  of,  do  431 

Additional  compensation,  providing  for do  470 

Waste-weir  near  Cartersville,  damages  for do  561 

(    607 

Appropriation  acts,  certain  canal  expenses do  •<  1219 

(  1421 

Bridge,  Towusend  street,  Syracuse,  Erie  canal do  727 

Ordinary  repairs,  debt,  etc.,  appropriation  for do  731 

Draw-bridge,  Fifth  street,  Elmira,  Chemung  canal do  769 

Bridge,  White  street,  Cohoes,  Erie  canal do  788 

Dams,  Oswego  river,  relative  to  rebuilding do  852 

Draw-bridge,  Cross  street,  Elmira,  Chemung  canal do  854 

Engineers,  to  designate  official  title  of do  857 

Oswego  weigh-lock,  completion  of do  867 

Culvert,   town    of    Hume,   Allegany  county,    Genesee 

Valley  canal do  928 

Eaton  and  Nelson  brook  reservoir,  repair  of  embank- 
ments    do 

State  ditch  at  Jack's  reefs,  to  rebuild  bridge  over  ...  do 

Mill  property,  Newark,  Wayne  county,  damages  to  ...  do 

Locks,  Oneida  Lake  canal,  to  settle  Avith  contractors  for,  do 

Bridge  (Bush  farm),  Tonawanda  creek,  Erie  canal do 

Certain  locks,  Chenango  canal,  more  speedy  completion 

of do  1370 

Bridge,  Scott  street,  Buffalo,  Clark  and  Skinner  canal . .  do  1378 
Draw-bridge,  Ferry  street,  Black  Kock  harbor,  Buffalo, 

relative  to do  138S 

Farm  bridge,  Gates,  Monroe  county,  Erie  canal do  1395 

Improvement  Black  river,    appropriation    unexpended 

balances do  1415 

Bridge  on  Black  river,  between   towns  Denmark   and 

Croghan do  1420 


ti  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGK. 

Culvert,  Barre,  Orleans  county,  Erie  canal  Stat,  1424 

Leakage  at  West  Troy,  damages  for do  1435 

Canal  and  other  lands,  protection  of do  1448 

Canal  awards  and  Oswego  weigh-lock,  appropriation  for,  do  1484 

Phenix  and  Horse  Shoe  dams,  Oswego  river do  1490 

Surplus  waters  Chemung  canal  feeder,  damages  for  ....  do  ]  515 

1866. 

Feeder  bridge,  Fort  Edward,  to  pay  for Stat.,  18 

Survey  of  Hudson  river  from  Troy  to  Fort  Edward  and 

of  the  Champlain  canal  from  Troy  to  Whitehall, 

relative  to do  51 

Deficiencies,  appropriation  for do  60 

Canal  debt,  appropriation  for do  98 

Bridge,  Bird  street,  Buffalo,  Erie  canal  do  152 

Completion  of  Champlain  canal  and  increase  of  revenue, 

to  provide  for do  301 

Bridge,  William  street,  Whitehall,  to  change  location  of,  do  393 

Stocks  and  bonds,  relative  to  issue  of do  398 

Bridge,  Big  Flats,  Chemung  county,  Chemung  canal 

feeder  do  401 

Extraordinary  repairs,  etc.,  appropriations  for do  475 

Chenango  and  other  canals,  re-appropriations  for  ....  do  655 

Bridge,  Frankfort,  Herkimer  county,  Erie  canal do  799 

Appropriation  acts,  certain  canal  expenses    do  \  }~™ 

(  109  ( 

Hudson  river  improvement,  appropriation  for do  1096 

Bridge,  between  Denmark  and   Crogban,  Black  river 

improvement do  1098 

Albany  basin  improvement,  to  provide  means  for....  do  1109 

Bridge,  Washington  street,  Watkins,  Chemung  canal..  do  1127 
Deficiencies  in  existing  appropriations,   appropriations 

for  do  1169 

Bridge,  Clay  street,  Rochester,  Genesee  Valley  canal  . .  do  1220 
Junction  Canal  and  Railroad  Company,  to   construct 

railroad do  1221 

Bridge,  Main  street,  Buffalo,  Main  and  Hamburgh  Street 

canal do  1254 

Illingworth  and  Beach's  bridges,  Black  river do  1287 

Bridge,  new  weigh-lock,  Oswego,  Oswego  canal do  1305 

Bridge,  Ilion,  Herkimer  county,  Erie  canal do  1315 

Dam,  Genesee  river,  near  Rochester,  to  reduce  height  of,  do  1375 

Chenango  canal  extension,  tax  for do  1403 

Canal  and  other  lands,  for  the  protection  of do  1414 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  45 

STATUTES.  PAGE. 
Bridge,   Schuylerville    (Saratoga    county),    Champlain 

canal Stat.,  1435 

Swing-bridge,  Fayetteville,  Limestone  creek  feeder  ....  do  1565 

Four  bridges,  Elmira,  claim  for  use  of  patent  in do  1663 

Draw-bridge,  Caughdenoy,  Oneida  river  improvement  . .  do  1679 

Ordinary  repairs,  debt,  etc.,  appropriation  for do  1695 

Resident   engineer,   Chenango   extension,   for  appoint- 
ment of do  1741 

Ditches,  John  Myers'  farm,  near  Schenectady do  1742 

Bridge,  Columbia  street,  Cohoes,  Erie  canal do  1765 

Canal  officials,  powers  and  duties  of do  1889 

Claims  for  damages,  statement  of,  etc do  1891 

Bridge,  Townsend  street,   Syracuse,   amending  act  of 

1865 do  1905 

Aqueduct   and    culverts  near  Beard's  creek,   Genesee 

Valley  canal do  2005 

Drain  from  Earl  street,  to  culvert,  West  Troy,  berme 

bank,  Erie  canal do  2055 

State  ditch,  Mentz,  Erie  canal do  2072 

De  Ruyter  reservoir,  damages  for do  2088 

Fulmer  creek  aqueduct,  damages  for do  208S 

Waste-weir,  Big  Flats,  Chemung  county,  damages  for. .  do  2091 

Weigh-lock  outlet,  Waterford,  land  damages  for do  2092 

Combined  locks,  Waterford,  damages  for do  2093 

Draw  in  Schroeppel's  bridge,  Oneida,  river,  to  build..  do  2097 

Berme  bank  and  tow-path,  Rochester,  for  raising do  2107 

Highway,  Madison,  Madison  county,  to  repair  damages 

to do 

Waters  of  Limestone  creek,  damages  for do 

Ship  canal  from  Portage  lake  to  Lake  Superior,  relative 

to do  2127 

Tolls  on  iron,  Champlain  canal,  concurrent  resolution,  do  2140 

1867. 

Deficiencies,  appropriation  for Stat.,  66 

Canal  debt,  appropriation  for do  94 

Boat  inspector,  Whitehall,  appointment  of do  104 

Additional  compensation  to  officers,  providing  for do  140 

Walls,  Erie  canal,  Cohoes,  Harmony  Manufacturing 

Company  to  build do  327 

Albany  basin  improvement,  amending  chap.  503,  Laws 

of  1866 do  406 

Bridge,  Nunda,  Genesee  Valley  canal do  536 

Ordinary  repairs,  debt,  etc.,  appropriation  for do  670 

Bridge,  College  street,  Clinton,  Chenango  canal  do  673 


46  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGE. 

Bridge,  Terry  street,  Brockport,  Erie  canal Stat.,  674 

Culvert,  Canastota,  Erie  canal do  677 

Bridge.  Skaneateles  lake,  at  outlet   do  685 

Vacancies  in  office,  to  provide  for  filling do  753 

Bridge,  Mclntyre  street,  Fort  Edward,  Champlain  canal,  do  763 

Bridge,  Mount  Morris,  Genesee  Valley  canal  do  795 

(  l'-)32 

Appropriation  acts,  certain  canal  expenses do 

Bridge,  Utica  street,  Oswego,  sec.  6,  Oswego  canal do  1292 

Bridge,  Broad  street,  Waterford,  Champlain  canal do  1468 

State  lunatic  asylum,  water  from  Chenango  canal do  1521 

Contracting  board,  enlarge  powers  of,  etc do  1541 

Awards  and  other  purposes,  tax  for do  1546 

Iron  bridge,  Broadway,  Fulton,  Oswego  canal do  1634 

Iron  bridge,  Water  street,  Clinton,  Chenango  canal  ...  do  1635 

West  Troy  basin,  to  collect  tolls  do  1647 

Broddock's  rapids  dam,  Oswego  river,  to  regulate  height 

of do  1655 

Hudson  river  improvements,  to  be  continued do  1677 

Bridge,  Hun  ter  street,  Rochester,  Genesee  Valley  canal . .  do  1679 

Bridge,  Parker  street,  Fairport,  Erie  canal  do  1682 

Bridge,  Baldwin  street,  Elmira,  Chemung  canal  do  1710 

Vertical  wall,  berme  bank,  Medina,  Erie  canal do  1713 

Bridge,  Lebanon  street,  Hamilton,  Chenango  canal. ...  do  1743 

Cayuga  and  Seneca  canals,  navigation  of,  etc do  1855 

Bridge,  State  ditch,  Jack's  reefs,  relative  to do  21 11 

Limiting  the  hours  of  labor  to  eight  hours do  2138 

Bridge,  Tonawanda,  Tonawanda  creek  do  2167 

Stone  drain,  West  Troy,  to  open do  2286 

Oneida  Lake  canal,  expenses,  navigation,  etc do  2318 

Bridge  between  Denmark  and  Croghan,  Black  river 

improvement do  2452 

Management  of  the  canals,  resolution  relative  to do  2495 

Erie  canal  between  Albany  and  Troy,  resolution  relative 

to do  2498 

1868. 

Farm  bridge,  Minden,  Montgomery  county,  Rocky  Rift 

feeder ." Stat.,  121 

Bridge,  Onondaga  lake,  at  outlet do  176 

Dam,  Little  Beard's  creek,  damages  for  removal do  185 

Deficiencies,  appropriation  for do 

Culvert,  Canastota,  Erie  canal ,  do  480 

Cayuga  lake  outlet  and  Seneca  river,  amendatory  ....  do  631 


STATUTES  OF  NEW  YORK  RELATING-  TO  CANALS.  47 

STATUTES.  PAGE. 

Bridge,  Seneca  lake,  at  outlet Stat.,  695 

Skaneateles  outlet,  damages  from  waters do  696 

Additional  compensation,  to  provide  for do  697 

Phoenix  dam,  Oswego  river,  damages  for  rebuilding do  759 

City  of  Rochester,  damages  for  flood  of  1865 do  758 

Extraordinary  repairs,  etc.,  re-appropriation  for do  764 

Canal  debt  and  interest,  appropriation  for do  768 

Bridge  below  lock  87,  Chenango  canal do  769 

Vertical  walls,  Medina  and  Albion,  Erie  canal do  770 

Erie  basin  breakwater,  Buffalo  harbor,  U.  S.  to  remove 

obstructions do  792 

Oneida  Lake  canal  improvements,  relative  to  moneys 

raised  for do  825 

Bridges,  Washington  and  George  streets,  Some,  Erie 

canal do  838 

Bridge,  Taylor's  building,  Fort  Edward,  Champlain 

canal do  838 

Bridge,  Forman  street,  Cazenovia,  State  canal  or 

dyke do  839 

Bridge,  Easton  street,  Hamilton,  Chenango  canal do  840 

Bridge,  Ferry  street,  Schnylerville,  Champlain  canal  . .  do  840 
Swing  bridges,  Henry  and  Hawley  streets,  Binghamtou, 

Chenango  canal do  843 

Bridge,  Water vliet,  Erie  canal  (repealed  1869) do  844 

Farm  bridge,  Fort  Ann,  Champlaiu  canal do  845 

Farm  bridge,  Waterford,  Champlain  canal do  845 

Bridge,  Genesee  street,  Greene,  Chenango  canal do  846 

Bridge,  William  street,  Mechanicville,  Champlain  canal,  do  892 

Surplus  waters,  Fort  Edward  lock,  to  rent  or  lease ....  do  943 

Bridge,  Exchange  street,  Rochester.  Erie  canal do  1064 

Bridge.  Main  street,  Port  Leyden,  Black  River  canal  . .  do  1065 

Draining  Cayuga  marshes,  damages  for do  1066 

Canal  appraisers'  decisions,  appeals  from do  1197 

Ditch.  Groveland  and  West  Sparta,  Livingston  county, 

to  re-open  and  maintain do  1201 

Sinking  fund  revenues,  means  to  increase do  1234 

Bridge,  Rocky  Rift  feeder,  Erie  canal do  1403 

Bridge,  Ovid  street,  Seneca  Falls,  Cayuga  and  Seneca 

canal do  1456 

Embankment  and  walls,  De  Ruyter  reservoir,  Fabius, 

Onondaga  county do  1458 

Swing-bridge.  Rexford  Flats.  Erie  canal  do  1513 

Ordinary  repairs,  debt,  etc.,  appropriation  for do  1566 

Extraordinary  repairs,  etc.,  tax  for  do  1569 


48  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGE. 

(  1579 

Appropriation  acts,  certain  canal  expenses Stat.,  -j  ,go4 

Shulcr's  warehouse,  Lockport,  damages  for do  1713 

Ditches,  Minden,  Montgomery  county,  Erie  canal  ....  do  1767 

Waters  of  Black  river,  damages  for do  1788 

Ditch,  Mentz  and  Montezuma,  Erie  canal do  1918 

Inspector  and  measurer  at-Oswego,  appointment  au- 
thorized   do  2042 

Eepair  contracts,  18C6,  attorney- general  to  test do  2074 

Culvert,  Tonawanda,  damages  for  removal do  2075 

Backwater  from  dam,  Tonawanda,  for  the  removal  of,  do  2088 

1869. 

Dam  at  upper  aqueduct,  Mohawk  river,  damages  from,  Stat.,  3 

Bridge,  Fink's  basin,  Herkimer  county,  damages  from,  do  6 

Albany  basin  and  lock,  certain  work  in  and  about do  51 

Bridge,  Canal  street,  Norwich,  Chenango  canal do  67 

Docking  berme  bank,  Rome,  Erie  canal do  177 

Bridge,  Court  street,  Binghamton,  authorizing  city  to 

widen do  224 

Deficiencies,  appropriation  for do  352 

Vertical  walls,  berme  bank,  Macedon,  Erie  canal do  609 

Abandoned  canals,  relative  to  do  831 

Embankment,  State  street  bridge,  Schenectady,  damages 

for do  947 

Canal  across  Water  street,  West  Troy,  relative  to do  950 

Additional  compensation,  to  provide  for do  968 

Logs  and  timber  near  Corning,  damages  for do  1082 

Brick  yard,  Lenox,  Madison  county,  damages  for do  1307 

State  creek,  German  Flats,  Herkimer  county,  damages 

for do  1308 

Pier  No.  123,  Albany,  damages  for do  1309 

Dock,  Geneva,  Ontario  county,  damages  for do  1402 

Waters  of  North  Lake  reservoir,  damages  for do  1437 

Dam  at  mouth  of  Tonawanda  creek,  damages  for  ....  do  1443 
Waste-weir,  near  Fort  Bull,  Oneida  county,  damages 

for do  1446 

(1481 

Ditch,  from  canal,  Fort  Edward do    •<  1483 

( 1573 

Break,  berme  bank,  Fort  Ann,  damages  for do  1482 

Albany  pier  damages,  actions  for do  1522 

Dam,  at  Baldwinsville,  Seneca   river,   to  be  rebuilt  of 

stone do  1597 

Ditch,  Murray,  Orleans  county,  Erie  canal do  \  598 


STATUTES  OF  NEW  YORK  RELATING  TO  CANALS.  49 

STATUTES.  PAGE. 

Vertical  wall,  berme  bank,  Utica,  Erie  canal Stat.,  1638 

Ditches.  Montezuma,  Cayuga  and  Seneca  canal do  1677 

Loss  of  horses,  Higginsville  side-cut  bridge,  damages 

for do  1762 

Jack's  reef  improvement,  damages  for do  1815 

Waters,  Chemung  canal,  in  Catharine  creek,  damages 

for do  1816 

Canal  debt  and  interest,  appropriation  for  do  1823 

Shuler's  warehouse,  Lockport,  land  damages do  1828 

Overflow,  Kingsbury,  Washington  county,  damages  for,  do  1847 
Bridge,  Ovid  street,  Seneca  Falls,  Cayuga  and  Seneca 

canal do  1867 

Awards,  Oneida  Lake  canal,  etc.,  re-appropriation  for,  do  1899 

Appropriation  acts,  certain  canal  expenses do  1907 

Break,  Boonville,  Oneida  county,  damages  for do  2069 

Bridge  (Dent's),  Waterford,  Champlain  canal do  2085 

Bridge,  Greece,  Monroe  county,  Erie  canal do  2086 

Bridges,  Beach's  and  Illingworth's  landings,  Black 

river  do  2087 

Bridge,  Beaver  river,  Lewis  county,  to  construct do  2089 

Extraordinary  repairs,  etc.,  tax  for do  2134 

Oneida  Lake  canal,  contracts  for  construction do  2396 

Genesee  Valley  canal,  contract  of  M.  H.  Mills do  2397 

Tolls,  resolution  for  reduction do  2419 

1870. 

Additional  compensation,  to  provide  for Stat.,  8 

Ordinary  repairs,  debt,  etc.,  appropriation  for do  106 

Contracting  board,  etc.,  abolishing do  137 

Bridge,  Cedar  and  Main  streets,  Oneida,  Erie  canal..  do  150 

Bridge,  upper  side-cut,  West  Troy,  damages  for do  334 

Protection  of  lands  head  Onondaga  lake,  relative  to  . .  do  414 

Break,  Pool's  brook,  Onondaga  county,  damages  for. . .  do  418 

Scajaquada  creek  aqueduct,  Oueida  county,  damages  for,  do  420 

Bridge,  Court  street,  Binghamton,  Chenango  canal  ...  do  420 

Dam  foot  of  Otisco  lake,  damages  for  in  1868 do  438 

Destruction  of   boats,  etc.,  when    navigation   is   inter- 
rupted    do  520 

Swing-bridge,  Main  street,  Albion,  Erie  canal do  523 

Destruction  of  boats  (with  intent  to  defraud),  a  felony,  do  713 

Appraisal  of  damages,  general  law do  749 

Canal  and  general  fund  debt,  to  provide  for  payment  ...  do  870 

Eight-hour  law,  on  public  works do  918 

Canal  debt  and  interest,  appropriation  for do  1072 

7 


50  CHRONOLOGICAL  LIST  OF 

STATUTES.  PAGE. 

Appropriation  act,  certain  canal  expenses Stat.,  1085 

Break  (section  4,  Erie  canal),  1865,  to  pay  contractor 

for do  1124 

Contractors,  Champlain  canal,  for  the  relief  of do  1153 

Stone  dam,  Cohoes,  for  the  relief  of  contractors do  1304 

Highway  near  Wood  creek.  Fort  Ann,  repair  of do  1305 

Fish -ways  in  Troy  and  Fort  Miller  dam,  to  construct. . .  do  1315 
Bridge,  Steuben  street,  Havana,  over  Falls  creek  (so- 
called)  do  1336 

Section  2,  Erie  canal,  for  the  relief  of  contractors do  L336 

Steam  towage,  introduction  of  European  system do  1338 

Bridge,     Main    street,     Horseheads,    Chemung    canal 

feeder do  1341 

Ditches,   Pendleton    and   Wheatfield,   Niagara  county, 

carry  water  of  Tonawanda  creek do  1343 

Main  and  Hamburgh  Street  canal,  Buffalo,  to  procure 

more  water do  1499 

Steam  towage,  to  introduce  improved  system do  1511 

Weighing  boats  and  cargoes,  to  change  present  system,  do  1513 

Oneida  Lake  canal,  certain  contracts  on do  1827 

Drain,  Big  Flats  and  Painted  Post,  for  the  repair  of  . .  do  1856 

Swing-bridge,  Main  street,  Horseheads,  Chemung  canal,  do  1857 

Section  2,  Black  River  canal,  for  relief  of  contractors. .  do  1860 

Extraordinary  repairs,  etc.,  re-appropriation  for do  ]  .-M  9 

Awards  and  deficiencies,  tax  for   do  1906 

Enlargement  Champlain  canal,  appropriation  for  ....  do  2047 

Tolls,  resolution  to  reduce do  2149 

1871. 

Additional  compensation,  to  provide  for   Stat.,  12 

Harbor  master's  fees  on  canal  boats  in  New  York,  col- 
lection of do  430 

Bridge  over  Cowasselon  creek,  Erie  canal  do  490 

Bridge.  Buffalo  street,  Rochester,  Erie  canal do  688 

Swing-bridge,  Whitesboro  street,  Utica,  Erie  canal  ....  do  689 

Bridge,  East  Main  street,  Norwich,  Chenango  canal . .  do  690 

Bridge,  Chenango  street,  Binghamton,  Chenango  canal,  do  691 

Bridge,  Pleasant  street,  Hamilton,  Chenango  canal . .  do  786 

Bridge,  Sherburne,  Chenango  county,  Chenango  canal  . .  do  11 15 

Bridge,  Bouckville,  Madison  county,  Chenango  canal  . .  do  1282 

Bridge  for  railroad  purposes,  Utica,  Erie  canal do  1302 

Ordinary  repairs,  etc.,  appropriation  for do 

Canal  debt  and  interest,  appropriation  for do  1431 


STATUTES  OF  NEW  YORK  RELATING-  TO  CANALS.  51 

STATUTES.  PAGE. 

Counsel  for  state,  for  payment  of Stat,  1447 

Swing-bridge,  Main  street,  Albion,  Erie  canal do  1471 

Head  Cayuga  lake,  improvement  of  do  1576 

Extraordinary  repairs,  etc.,  re-appropriation  for do    j  ^joo 

Fish-way  in  dam,  upper  aqueduct,  Mohawk  river do  1792 

New  methods  of  towage,  reward  offered,  etc do  1954 

Swing-bridge,  ship  canal,  Buffalo do  1996 

Swing-bridge,  Franklin  street,   Horseheads,  Chemung 

canal  feeder do  2033 

Steam  towage,  amending  law  of  1870 do  2048 

Cable  towage,  introduction  American  system do  2064 

Swing-bridge,  State  street,  Ithaca,  Cayuga  inlet do  2065 

Dam  at  Tonawanda,  to  reduce  height  of do  2167 

Tolls,  resolution  to  reduce  do  2182 

1872. 

Swing-bridge.  Sandy  Hill,  Glens  Falls  feeder Stat.,  170 

Bridge,  Comstock's  Landing,  Champlain  canal do  186 

Town  of  Kingsbury,  Washington  county,  to  raise  road- 
bed     do  223 

New  York  Steam  Cable  Towing  Company,  conferring 

additional  powers do  230 

Deficiency  bill,  regulating  drawing  warrants,  etc do  260 

Additional  compensation,  providing  for do  374 

Completion  of  lock  No.  2,  Erie  canal,  to  provide  for . .  do  469 

Erie  basin  breakwater,  Buffalo,  amending  act  of  1868,  do  549 

Bridge,  Canal  street.  "West  Troy,  Erie  canal  do  562 

Swing-bridge,  Oswego  canal,  Syracuse,  amending  act  of 

1871    do  720 

Ordinary  repairs,  debts,  etc.,  appropriation  for do  838 

Extraordinary  repairs,  etc.,  amending  act  of  1871  ....  do  856 
Improvement  of  navigation  Hudson   river,  appropria- 
tion for do  862 

Canal  debt  and  interest,  appropriation  for    do  994 

Swing-bridge,  Ithaca,  Cayuga  inlet do  1061 

Bridge,  Watkins,  Schuyler  county,  Chemung  canal  ....  do  1062 

Extraordinary  repairs,  etc.,  re-appropriation  for do  1195 

(  1232 

Appropriation  acts,  certain  canal  expenses do    •<  1731 

(1782 

Commissioner  of  public  accounts,  office  abolished....  do  1239 
Closing    highway,    Brutus,    Cayuga  county,    damages 

for do  1255 

Steam  towage,  to  encourage  do  1278 


52  CHRONOLOGICAL  LIST  OT 

STATUTES.  PAGB. 

Enlargement  Champlain  canal  and  other  purposes,  re- 
appropriation  for Stat.,  1423 

Salt  Springs,  taking  water  of  Erie  canal do  1443 

Bridge,  Madison  street,  Eome,  Erie  canal    do  1543 

Draw-bridge,  Hotel  street,  Utica,  Erie  canal do  1544 

Swing-bridge,  Buffalo  street,  Rochester,  Erie  canal  ....  do  1545 

Filing  of  certain  claims  in  canal  appraisers'  office do  1628 

Deficiencies  and  debt  vote  for  loan,  to  provide  for  ....  do  1660 
Canal  and  general  fund  deficiencies,  to  provide  means  to 

pay  do  1780 

Black  Rock  harbor  and   Lower  Black  Rock,  Buffalo, 

completing  certain  work do  1786 

Bridge,  Gates,  Monroe  county,  Erie  canal do  1847 

Filing  certain  claims,  canal  appraisers' office do  1854 

Cayuga  lake  outlet  and  Seneca  river,  to  remove  obstruc- 
tions   do  1858 

Bridge,  Tonawanda  creek,  Erie  canal do  1859 

Bridges,  Black  river,  maintenance,  releases,  etc do  1860 

Portion  Chemung  canal,  Elmira,  to  use  as  public  street,  do  1861 

Storehouse,  Pratt  &  Co.,  Buffalo,  damages  by  dredging,  do  1862 
Portion  Ctienango  canal,  Binghamton,  to  use  as  public 

street do  1863 

Navigation  Baldwinsville  canal,  to  improve do  1956 

Dam,  Mohawk  river,  Cohoes,  to  pay  for do  1967 

Extraordinary  repairs,  etc.,  tax  for  do  2008 

1873. 

Three  and  one-half  mill  tax,  supervisors  may  levy  or 

issue  bonds Stat.,  9 

Swing-bridge,  Oswego  canal,  Syracuse,  amending  act  of 

1871    do  176 

Appropriation  for  ordinary  repairs,  to  supply  deficiencies,  do  399 

Railroad  draw-bridge,  Erie  canal,  Palmyra do  407 

Dredging  Cayuga  inlet,  amending  appropriation  act ....  do  523 
Preservation  of  fish  on  Seneca  lake  and  canals  connect- 
ing     do  591 

Ilion,  Mohawk  and  Frankfort  Horse  Railroad  Company, 

relative  to do  622 

f   £*(iO 

Fishing  in  canals,  regulating,  etc do 

Railroad  draw-bridge,  Erie  canal,  Lyons do  704 

Commission  on  improved  methods  of  navigation,  powers 

extended  one  year do  733 

Re-appropriation  act,  for  new  work,  etc do  831 

Appropriation  for  ordinary  repairs,  from  October,  1873,  do  875 


STATUTES  OF  NEW  YORK  RELATING-  TO  CANALS.  53 

STATUTES.      PAGK. 

Swing-bridge,  Cayuga  inlet,  appropriation  for Stat.,       949 

General  appropriation  act,  awards,  deficiencies,  etc do         999 

Tax  for  canal  purposes,  sinking  fund,  interest,  etc do       1073 

Chenango  canal,  Binghamton,  portion  to  be  used  as  a 

public  street    do       1075 

Clark  &  Skinner  canal,  Buffalo,  damages  on   do       1107 

Appropriation  from  revenues,  for  canal  debt,  interest, 

etc do       1107 

Supply  bill,  Nine  Mile  creek,  deficiencies,  salaries,  out- 
let, Cayuga  lake,  commissioners'  mileage,  etc do  1129 

New  work  and  extraordinary  repairs,  appropriation  for, 
and  relating  to  Waterloo  dam,  Kochester  draw- 
bridge, Black  Eock  leases,  bridge  embankments, 

etc do       1162 

Hughes'  steam  dredge,  relative  to do       1191 

Chemung  canal,  at  Elmira  and  Horseheads,  swing- 
bridge,  Junction  canal,  etc do  1250 

Chenaugo  canal,  south  of  Susquehanna  river,  railroad 

track  on  tow-path,  conditions,  etc do       1251 

Tolls,  relative  to,  concurrent  resolution do       1389 

Obstructions  in  Seneca  river,  concurrent  resolution  ap- 
pointing commission do  1389 

Transportation  routes  to  seaboard,  concurrent  resolu- 
tion, committee  on do  1391 

Amendments    to    constitution,   concurrent    resolution, 

sale  of  canals,  claims,  etc do       1393 

Amendments  to  constitution,  concurrent  resolution  to 

fund  canal  debt do       1399 

Amendments  to  constitution,  concurrent  resolution, 
canal  board,  superintendent  of  public  works,  offices 
abolished,  etc do  1405 


THE 

CONSTITUTION  OF  THE  STATE  OF  NEW  YOKE. 

Adopted  November  3,  1846. 


AKTICLE  Y. 

SECTION  1.  State  officers,  how  elected  and  terms  of  office. 

2.  State  engineer  and  surveyor,  how  chosen  and  term  of  office 

3.  Canal  commissioners,  how  chosen  and  terms  of  office. 
********* 

5.  Commissioners  of  the  land  office ;  commissioners  of  the  canal 

fund ;  canal  board. 

6.  Powers  and  duties  of  boards,  etc. 

7.  Treasurer  may  be  suspended  by  governor. 

8.  Certain  offices  abolished. 

SECTION  1.  The  secretary  of  state,  comptroller,  treasurer  and 
attorney-general  shall  be  chosen  at  a  general  election,  and 
shall  hold  their  offices  for  two  years.  Each  of  the  officers  in 
this  article  named  (except  the  speaker  of  the  assembly)  shall, 
at  stated  times,  during  his  continuance  in  office,  receive  for  his 
services  a  compensation,  which  shall  not  be  increased  or  dimin- 
ished during  the  term  for  which  he  shall  have  been  elected  ; 
nor  shall  he  receive,  to  his  use,  any  fees  or  perquisites  of  office, 
or  other  compensation. 

§  2.  A  state  engineer  and  surveyor  shall  be  chosen  at  a 
general  election,  and  shall  hold  his  office  two  years,  but  no 
person  shall  be  elected  to  said  office  who  is  not  a  practical 
engineer. 

§  3.  Three  canal  commissioners  shall  be  chosen  at  the  gen- 
eral election  which  shall  be  held  next  after  the  adoption  of 
this  constitution,  one  of  whom  shall  hold  his  office  for  one 


56  THE  CONSTITUTION 

year,  one  for  two  years,  and  one  for  three  years.  The  com- 
missioners of  the  canal  fund  shall  meet  at  the  capitol  on  the 
first  Monday  of  January,  next  after  such  election,  and  deter- 
mine by  lot  which  of  said  commissioners  shall  hold  his  office 
for  one  year,  which  for  two  and  which  for  three  years  ;  and 
there  shall  be  elected  annually,  thereafter,  one  canal  commis- 
sioner, who  shall  hold  his  office  for  three  years. 

§  5.  The  lieutenant-governor,  speaker  of  the  assembly,  sec- 
retary of  state,  comptroller,  treasurer,  attorney-general  and 
state  engineer  and  surveyor  shall  be  the  commissioners  of 
the  land  office.  The  lieutenant-governor,  secretary  of  state, 
comptroller,  treasurer  and  attorney-general  shall  be  the  com- 
missioners of  the  canal  fund.  The  canal  board  shall  consist  of 
the  commissioners  of  the  canal  fund,  the  state  engineer  and 
surveyor  and  the  canal  commissioners. 

§  6.  The  powers  and  duties  of  the  respective  boards,  and  of 
the  several  officers  in  this  article  mentioned,  shall  be  such  as 
now  are  or  hereafter  may  be  prescribed  by  law. 

§  7.  The  treasurer  may  be  suspended  from  office  by  the 
governor  during  the  recess  of  the  legislature,  and  until  thirty 
days  after  the  commencement  of  the  next  session  of  the  legis- 
lature, whenever  it  shall  appear  to  him  that  such  treasurer  has, 
in  any  particular,  violated  his  duty.  The  governor  shall  ap- 
point a  competent  person  to  discharge  the  duties  of  the  office 
during  such  suspension  of  the  treasurer. 

§  8.  All  offices  for  the  weighing,  gauging,  measuring,  culling 
or  inspecting  any  merchandise,  produce,  manufacture  or  com- 
modity whatever,  are  hereby  abolished,  and  no  such  office  shall 
hereafter  be  created  by  law  ;  but  nothing  in  this  section  con- 
tained shall  abrogate  any  office  created  for  the  purpose  of  pro- 
tecting the  public  health  or  the  interests  of  the  state  in  its 
property,  revenue,  tolls  or  purchases,  or  of  supplying  the  peo- 
ple with  correct  standards  of  weights  and  measures,  or  shall 
prevent  the  creation  of  any  office  for  such  purposes  here- 
after. 


OF  THE  STATE  OF  NEW  YORK.  57 


AKTICLE  VII. 

SECTION  1.  Canal  debt,  sinking  fund,  June  1, 1846,  $1,800>000  ;  June  1, 1855, 
$1,700,000. 

2.  General  fund  debt,  sinking  fund,  $350,000 ;  after  certain  period, 

$1,500,000. 

3.  $200,000  of  the  surplus  canal  revenues  annually  appropriated  to 

general  fund,  and  the  remainder  to  specific  public  works ; 
certain  deficiencies  in  the  revenues,  not  exceeding  $250,000 
annually,  to  be  supplied  from  the  revenues  of  the  canals. 

4.  Loans  to  incorporated  companies  not  to  be  released  or  compro- 

mised. 

5.  Legislature  shall,  by  equitable  taxes,  increase  the  revenues  of 

the  sinking  fund  in  certain  cases. 

6.  Canals  of  the  state  not  to  be  leased  or  sold. 

7.  Salt  springs. 

8.  Appropriation  bills. 

9.  State  credit  not  to  be  loaned. 

10.  Power  to  contract  debts  limited. 

11.  Debts  to  repel  invasion,  etc.,  may  be  contracted. 

12.  Limitation  of  the  legislative  power  in  the  creation  of  debts. 

13.  Manner  of  passing  bills  imposing  a  tax. 

14.  Same  subject. 

SECTION  1.  After  paying  the  expenses  of  collection,  super- 
intendence  and  ordinary  repairs,  there  shall  be  appropriated 
and  set  apart  in  each  fiscal  year,  out  of  the  revenues  of  the 
state  canals,  commencing  on  the  first  day  of  June,  one 
thousand  eight  hundred  and  forty-six,  the  sum  of  one  million 
and  three  hundred  thousand  dollars,  until  the  first  day  of  $i>300,ooo. 
June,  one  thousand  eight  hundred  and  fifty-five ;  and  from 
that  time  the  sum  of  one  million  and  seven  hundred  thousand  $1,700,000. 
dollars  in  each  fiscal  year,  as  a  sinking  fund,  to  pay  the  inter- 
est and  redeem  the  principal  of  that  part  of  the  state  debt 
called  the  canal  debt,  as  it  existed  at  the  time  first  aforesaid, 
and  including  three  hundred  thousand  dollars  then  to  be  bor- 
rowed, until  the  same  shall  be  wholly  paid ;  and  the  principal 
and  income  of  the  said  sinking  fund  shall  be  sacredly  applied 
to  that  purpose. 

§  2.  After  complying  with  the  provisions  of  the  first  section 
of  this  article,  there  shall  be  appropriated  and  set  apart  out  of 
the  surplus  revenues  of  the  state  canals,  in  each  fiscal  year, 
commencing  on  the  first  day  of    June,  one  thousand  eight 
hundred  and  forty-six,  the  sum  of  three  hundred  and  fifty  sinking 
thousand  dollars,  until  the  time  when  a  sufficient  sum  shall  $350,000. 
8 


58 


THE  CONSTITUTION 


13  Barb. 
63;  Ib.  188 

3  Seld.  9. 


have  been  appropriated  and  set  apart,  under  the  said  first  sec- 
tion, to  pay  the  interest  and  extinguish  the  entire  principal  of 
$1,500,000.  the  canal  debt ;  and  after  that  period,  then  the  sum  of  one 
million  and  five  hundred  thousand  dollars  in  each  fiscal  year, 
as  a  sinking  fund,  to  pay  the  interest  and  redeem  the  principal 
of  that  part  of  the  state  debt  called  the  general  fund  debt, 
including  the  debt-  for  loans  of  the  state  credit  to  railroad 
companies  which  have  failed  to  pay  the  interest  thereon,  and 
also  the  contingent  debt  on  state  stocks  loaned  to  incorporated 
companies  which  have  hitherto  paid  the  interest  thereon, 
whenever  and  as  far  as  any  part  thereof  may  become  a  charge 
on  the  treasury  or  general  fund,  until  the  same  shall  be 
wholly  paid ;  and  the  principal  and  income  of  the  said  last- 
mentioned  sinking  fund  shall  be  sacredly  applied  to  the  pur- 
pose aforesaid ;  and  if  the  payment  of  any  part  of  the  moneys 
to  the  said  sinking  fund  shall  at  any  time  be  deferred,  by  rea- 
son of  the  priority  recognized  in  the  first  section  of  this  arti- 
cle, the  sum  so  deferred,  with  quarterly  interest  thereon,  at  the 
then  current  rate,  shall  be  paid  to  the  last-mentioned  sinking 
fund,  as  soon  as  it  can  be  done  consistently  with  the  just 
rights  of  the  creditors  holding  said  canal  debt. 

sinking  §  3.  ( '  Substituted  for  section  three  of  article  seven  of  the 
paylnter-  original  constitution  by  amendment  of  1854.)  After  paying 
the  said  expenses  of  collection,  superintendence  and  repairs 
s.  of  the  canals,  and  the  sums  appropriated  by  the  first  and 


1  The  following  section  stood  in  the  original  constitution  as  section  three 
of  article  seven.  Section  three,  as  it  now  stands,  was  substituted  by  an 
amendment  proposed  by  the  legislature  in  1853,  referred  to  the  legislature 
of  1854,  agreed  to  by  two-thirds  of  the  members  elected  to  each  house  of 
that  legislature,  submitted  to  the  people,  and  approved  and  ratified  at  an 
election  held  on  the  14th  day  of  February,  1854 : 

"  SECTION  3.  After  paying  the  said  expenses  of  superintendence  and  re- 
pairs of  the  canals,  and  the  sums  appropriated  by  the  first  and  second  sec- 
tions of  this  article,  there  shall  be  paid  out  of  the  surplus  revenues  of  the 
canals,  to  the  treasury  of  the  state,  on  or  before  the  thirtieth  day  of  Sep- 
tember, in  each  year,  for  the  use  and  benefit  of  the  general  fund,  such  sum, 
not  exceeding  two  hundred  thousand  dollars,  as  may  be  required  to  defray 
the  necessary  expenses  of  the  state ;  and  the  remainder  of  the  revenues  of 
the  said  canals  shall,  in  each  fiscal  year,  be  applied,  in  such  manner  as  the 
legislature  shall  direct,  to  the  completion  of  the  Erie  canal  enlargement, 
and  the  Genesee  and  Black  River  canals,  until  the  said  canals  shall  be  com- 
pleted. 

If,  at  any  time  after  the  period  of  eight  years  from  the  adoption  of  this 
constitution,  the  revenues  of  the  state,  unappropriated  by  this  article,  shall 


OF  THE  STATE  OF  NEW  YORK.  59 

second  sections  of  this  article,  there  shall  be  appropriated  and 
set  apart  in  each  fiscal  year,  out  of  the  surplus  revenues  of  the 
canals,  as  a  sinking  fund,  a  sum  sufficient  to  pay  the  interest 
as  it  falls  due,  and  extinguish  the  principal  within  eighteen 
years,  of  any  loan  made  under  this  section ;  and  if  the  said 
sinking  fund  shall  not  be  sufficient  to  redeem  any  part  of  the 
principal  at  the  stipulated  times  of  payment,  or  to  pay  any 
part  of  the  interest  of  such  loan,  as  stipulated,  the  means  to 
satisfy  any  such  deficiency  shall  be  procured  on  the  credit  of 
the  said  sinking  fund.  After  complying  with  the  foregoing 
provisions,  there  shall  be  paid  annually  out  of  said  revenues, 
into  the  treasury  of  the  state,  two  hundred  thousand  dollars,  $200,000 

Da  v  able 

to  defray  the  necessary  expenses  of  government.  The  re-  annually 
mainder  shall,  in  each  fiscal  year,  be  applied  to  meet  appropri-  revenues 
ations  for  the  enlargement  and  completion  of  the  canals  men-  sury- 
tioned  in  this  section,  until  the  said  canals  shall  be  completed. 
In  each  fiscal  year  thereafter  the  remainder  shall  be  disposed 
of  in  such  manner  as  the  legislature  may  direct,  but  shall  at 
no  time  be  anticipated  or  pledged  for  more  than  one  year  in 
advance.  The  legislature  shall  annually,  during  the  next  four 
years,  appropriate  to  the  enlargement  of  the  Erie,  the  Oswego, 
the  Cayuga  and  Seneca  canals  and  to  the  completion  of  the 
Black  River  and  Genesee  Valley  canals,  and  for  the  enlarge- 
ment of  the  locks  of  the  Champlain  canal,  whenever  from 
dilapidation  or  decay  it  shall  be  necessary  to  rebuild  them,  a 
sum  not  exceeding  two  millions  two  hundred  and  fifty  thou- 
sand dollars.  The  remainder  of  the  revenues  of  the  canals, 
for  the  current  fiscal  year  in  which  such  appropriation  is  made, 
shall  be  applied  to  meet  such  appropriation ;  and  if  the  same 


not  be  sufficient  to  defray  the  necessary  expenses  of  the  government,  with- 
out continuing  or  laying  a  direct  tax,  the  legislature  may,  at  its  discretion, 
supply  the  deficiency,  in  whole  or  m  part,  from  the  surplus  revenues  of  the 
canals,  after  complying  with  the  provisions  of  the  first  two  sections  of  this 
article,  for  paying  the  interest  and  extinguishing  the  principal  of  the  canal 
and  general  fund  debt ;  but  the  sum  thus  appropriated  from  the  surplus 
revenues  of  the  canals  shall  not  exceed  annually  three  hundred  and  fifty 
thousand  dollars,  including  the  sum  of  two  hundred  thousand  dollars,  pro. 
vided  for  by  this  section  for  the  expenses  of  the  government,  until  the 
general  fund  debt  shall  be  extinguished,  or  until  the  Erie  canal  enlarge- 
ment and  Genesee  Valley  and  Black  River  canals  shall  be  completed,  and 
after  that  debt  shall  be  paid,  or  the  said  canals  shall  be  completed,  then  the 
sum  of  six  hundred  and  seventy-two  thousand  five  hundred  dollars,  or  so 
much  thereof  as  shall  be  necessary,  may  be  annually  appropriated  to  def  rap- 
ine expenses  of  the  government." 


60  THE  CONSTITUTION 

shaL  be  deemed  insufficient,  the  legislature  shall  at  the  same 

session  provide  for  the  deficiency  by  loan. 

Legisia-          The  legislature  shall  also  borrow  one  million  and  five  hun- 
borrow       dred  thousand  dollars  to  refund  to  the  holders  of  the  canal 

$1,500,000. 

revenue  certificates,  issued  under  the  provisions  01  chapter 
four  hundred  and  eighty-five  of  the  laws  of  the  year  one 
thousand  eight  hundred  and  fifty-one,  the  amount  received 
into  the  treasury  thereon.  But  no  interest  to  accrue  after 
July  first,  one  thousand  eight  hundred  and  fifty-five,  shall  be 
Provisions  paid  on  such  certificates.  The  provisions  of  section  twelve  of 

of  sec.  13  ,.         -        i 

not  to  ap-  this  article,  requiring  every  law  lor  borrowing  money  to  be 
authorized  submitted  to  the  people,  shall  not  apply  to  loans  authorized 
section,  by  this  section.  No  part  of  the  revenues  of  the  canals,  or  of 
the  funds  borrowed  under  this  section,  shall  be  paid  or  applied 
upon  or  in  consequence  of  any  alleged  contract  made  under 
chapter  four  hundred  and  eighty-five  of  the  laws  of  the  year 
one  thousand  eight  hundred  and  fifty-one,  except  to  pay  for 
work  done  or  materials  furnished  prior  to  the  first  day  of 
June,  one  thousand  eight  hundred  and  fifty-two.  The  rates 
of  toll  on  persons  and  property  transported  on  the  canals  shall 
not  be  reduced  below  those  for  the  year  one  thousand  eight 
hundred  and  fifty-two,  except  by  the  canal  board,  with  the 
concurrence  of  the  legislature.  All  contracts  for  work  or 
materials  on  any  canal  shall  be  made  with  the  person  who  shall 
offer  to  do  or  provide  the  same  at  the  lowest  price,  with  ade- 
quate security  for  their  performance. 

Loans  to        §  4r»  The  claims  of  the  state  against  any  incorporated  com- 

ted°oom^~  pany,  to  pay  the  interest  and  redeem  the  principal  of   the 

tob'e  re1-0*  stock  of  the  state  loaned  or  advanced  to  such  company,  shall 

cmnpro-     be  fairly  enforced,  and  not  released  or  compromised ;  and  the 

moneys  arising  from  such  claims  shall  be  set  apart  and  applied 

as  part  of  the  sinking  fund,  provided  in  the  second  section  of 

this  article.     But  the  time  limited  for  the  fulfillment  of  any 

condition  of  any  release  or  compromise  heretofore  made  or 

provided  for,  may  be  extended  by  law. 

Legisia-  §  5.  If  the  sinking  funds,,  or  either  of  them,  provided  in 
by'equi*11  this  article,  shall  prove  insufficient  to  enable  the  state,  on  the. 
increase*69  credit  of  such  fund,  to  procure  the  means  to  satisfy  the  claims 
nueslf  the  of  the  creditors  of  the  state  as  they  become  payable,  the  legis- 
fu"nd"fn  lature  shall,  by  equitable  taxes,  so  increase  the  revenues  of  the 
cases.  said  fund,  as  to  make  them,  respectively,  sufficient  perfectly 


OF  THE  STATE  OF  NEW  YORK.  61 

to  preserve  the  public  faith.  Every  contribution  or  advance 
to  the  canals,  or  their  debt,  from  any  source,  other  than  their 
direct  revenues,  shall,  with  quarterly  interest,  at  the  rates  then 
current,  be  repaid  into  the  treasury,  for  the  use  of  the  state, 
out  of  the  canal  revenues,  as  soon  as  it  can  be  done  consist- 
ently with  the  just  rights  of  the  creditors  holding  the  said 
canal  debt. 

§  6.  The  legislature  shall  not  sell,  lease,  or  otherwise  dispose  state  can- 
of  any  of  the  canals  of  the  state ;  but  they  shall  remain  the  jjQ7nsing' 
property  of  the  state  and  under  its  management  forever. 

§  7.  The  legislature  shall  never  sell  or  dispose  of  the  salt  Salt 

springs. 

springs  belonging  to  this  state.  The  lands  contiguous  thereto, 
and  which  may  be  necessary  and  convenient  for  the  use  of  the 

TTTT  "E  4 

salt  springs,  may  be  sold  by  authority  of  law  and  under  the 
direction  of  the  commissioners  of  the  land  office,  for  the  pur- 
pose of  investing  the  moneys  arising  therefrom  in  other  lands 
alike  convenient ;  but  by  such  sale  and  purchase  the  aggregate 
quantity  of  these  lands  shall  not  be  diminished. 

§  8.  No  moneys  shall  ever  be  paid  out  of  the  treasury  of  Appropri- 
this  state,  or  any  of  its  funds,  or  any  of  the  funds  under  its  bins- 
management,  except  in  pursuance  of  an  appropriation  by  law ; 
nor  unless  such  payment  be  made  within  two  years  next  after 
the  passage  of  such  an  appropriation  act ;  and  every  such  law, 
making  a  new  appropriation,  or  continuing  or  reviving  an 
appropriation,  shall   distinctly  specify  the  sum  apportioned, 
and  the  object  to  which  it  is  to  be  applied ;  and  it  shall  not 
be  sufficient  for  such  law  to  refer  to  any  other  law  to  fix  such 
sum. 

§  9.  The  credit  of  the  state  shall  not,  in  any  manner,  be  state 

.   J  credit  not 

given  or  loaned  to,  or  in  aid  of,  any  individual  association  or  to  be 

'  loaned. 

corporation. 

§  10.  The  state  may,  to  meet  casual  deficits  or  failures  in  Power  to 

contract 

revenues,  or  for  expenses  not  provided  for,  contract  debts,  but 
such  debts,  direct  and  contingent,  singly  or  in  the  aggregate, 
shall  not,  at  any  time,  exceed  one  million  of  dollars ;  and  the 
moneys  arising  from  the  loans  creating  such  debts,  shall  be 
applied  to  the  purposes  for  which  they  were  obtained,  or  to 
repay  the  debt  so  contracted,  and  to  no  other  purpose  whatever 


62  THE  CONSTITUTION 

Debts  to         §  11.  In  addition  to  the  above  limited  power  to  contract 
Bion,  etc.,    debts,  the  state  may  contract  debts  to  repel  invasion,  suppress 
contrac-     insurrection  or  defend  the  state  in  war ;  but  the  money  aris- 
ing from  the  contracting  of  such  debts  shall  be  applied  to  the 
purpose  for  which  it  was  raised,  or  to  repay  such  debts,  and 
to  no  other  purpose  whatever. 

Limitation  §  12.  Except  the  debts  specified  in  the  tenth  and  eleventh 
fsiative68"  sections  of  this  article,  no  debt  shall  be  hereafter  contracted 
the  crea-  by  or  on  behalf  of  this  state,  unless  such  debt  shall  be  author- 

tion  of  all     .  . 

debts.  ized  by  a  law,  for  some  single  work  or  object,  to  be  distinctly 
specified  therein  ;  and  such  law  shall  impose  and  provide  for 
the  collection  of  a  direct  annual  tax  to  pay,  and  sufficient  to 
pay  the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay 
and  discharge  the  principal  of  such  debt  within  eighteen  years 
from  the  time  of  the  contracting  thereof. 

No  such  law  shall  take  effect  until  it  shall,  at  a  general 
election,  have  been  submitted  to  the  people,  and  have  received 
a  majority  of  all  the  votes  cast  for  and  against  it  at  such 
election. 

On  the  final  passage  of  such  bill  in  either  house  of  the  leg- 
islature, the  question  shall  be  taken  by  ayes  and  noes,  to  be 
duly  entered  on  the  journals  thereof,  and  shall  be :  "  Shall 
this  bill  pass,  and  ought  the  same  to  receive  the  sanction  of 
the  people  ? " 

The  legislature  may,  at  any  time,  after  the  approval  of  such 
law  by  the  people,  if  no  debt  shall  have  been  contracted  in 
pursuance  thereof,  repeal  the  same  ;  and  may,  at  any  time,  by 
law,  forbid  the  contracting  of  any  further  debt  or  liability 
under  such  law ;  but  the  tax  imposed  by  such  act,  in  propor- 
tion to  the  debt  and  liability  which  may  have  been  contracted 
in  pursuance  of  such  law,  shall  remain  in  force  and  be  irre- 
pealable,  and  be  annually  collected,  until  the  proceeds  thereof 
shall  have  made  the  provision  hereinbefore  specified  to  pay 
and  discharge  the  interest  and  principal  of  such  debt  and 
liability. 

The  money  arising  from  any  loan  or  stock  creating  such 
debt  or  liability  shall  be  applied  to  the  work  or  object  specified 
in  the  act  authorizing  such  debt  or  liability,  or  for  the  repay- 
ment of  such  debt  or  liability,  and  for  no  other  purpose  what- 
ever. 

No  such  law  shall  be  submitted  to  be  voted  on  within  three 
months  after  its  passage,  or  at  any  general  election,  when  any 


OF  THE  STATE  OF  NEW  YORK.  63 

other  law  or  any  bill  or  any  amendment  to  the  constitution 
shall  be  submitted  to  be  voted  for  or  against. 

§  13.  Every  law  which  imposes,  continues  or  revives  a  tax, 
shall  distinctly  state  the  tax  and  the  object  to  which  it  is  to 
be  applied ;  and  it  shall  not  be  sufficient  to  refer  to  any  other 
law  to  fix  such  tax  or  object. 

§  14.  On  the  final  passage,  in  either  house  of  the  legisla-  Manner  01 

.  .  .  passing 

ture,  of  every  act  which  imposes,  continues  or  revives  a  tax,  mils  impo- 

*  ,.  ..  '   sing  a  tax. 

or  creates  a  debt  or  charge ;  or  makes,  continues  or  revives 

any  appropriation  of  public  or  trust  money  or  property ;  or 

releases,  discharges  or  commutes  any  claim  or  demand  of  the 

state,  the  question  shall  be  taken  by  ayes  and  noes,  which  4Seid.3i7. 

shall  be  duly  entered  on  the  journals,  and  three-fifths  of  all 

the  members  elected  to  either  house  shall,  in  all  such  cases,  be 

necessary  to  constitute  a  quorum  therein. 

ARTICLE  X. 

********** 

SECTION  2.  Officers,  how  chosen  or  appointed. 
3.  Duration  of  office. 
********* 

5.  Vacancies  in  office,  how  filled. 

6.  Political  year. 

7.  Removal  from  office. 

8.  When  office  deemed  vacant. 
********* 

SECTION  2.  All  county  officers  whose  election  or  appointment 
is  not  provided  for  by  this  constitution,  shall  be  elected  by  the 
electors  of  the  respective  counties,  or  appointed  by  the  boards  of 
supervisors,  or  other  county  authorities,  as  the  legislature  shall 
direct.  All  city,  town  and  village  officers,  whose  election  or 
appointment  is  not  provided  for  by  this  constitution,  shall  be 
elected  by  the  electors  of  such  cities,  towns  and  villages,  or  of 
some  division  thereof,  or  appointed  by  such  authorities  thereof 
as  the  legislature  shall  designate  for  that  purpose.  All  other 
officers  whose  election  or  appointment  is  not  provided  for  by 
this  constitution,  and  all  officers  whose  offices  may  hereafter 
be  created  by  law,  shall  be  elected  by  the  people,  or  appointed 
as  the  legislature  may  direct. 

§  3.  When  the  duration  of  any  office  is  not  provided  by 
this  constitution,  it  may  be  declared  by  law,  and,  if  not  so 


64  THE  CONSTITUTION  OF  THE  STATE  OF  NEW  YORK. 

declared,  such  office  shall  be  held  during  the  pleasure  of  the 

authority  making  the  appointment. 
*****  -x-  -;-; # 

§  5.  The  legislature  shall  provide  for  filling  vacancies  in 
office,  and  in  case  of  elective  officers,  no  person  appointed  to 
fill  a  vacancy  shall  hold  his  office  by  virtue  of  such  appoint- 
ment longer  than'  the  commencement  of  the  political  year 
next  succeeding  the  first  annual  election  after  the  happening 
of  the  vacancy. 

§  6.  The  political  year  and  legislative  term  shall  begin  on 
the  first  day  of  January ;  and  the  legislature  shall,  every  year, 
assemble  on  the  first  Tuesday  in  January,  unless  a  different 
day  be  appointed  by  law. 

§  7.  Provision  shall  be  made  by  law  for  the  removal,  for 
misconduct  or  malversation  in  office,  of  all  officers  (except 
judicial)  whose  powers  and  duties  are  not  local  or  legislative* 
and  who  shall  be  elected  at  general  elections,  and  also  for  sup- 
plying vacancies  created  by  such  removal. 

§  8.  The  legislature  may  declare  the  cases  in  which  any 
office  shall  be  deemed  vacant,  when  no  provision  is  made  for 
that  purpose  in  this  constitution. 


AKTICLE  XII. 

SECTION  1.  Oath  of  office  prescribed. 

SECTION  1.  Members  of  the  legislature,  and  all  officers,  exec- 
utive and  judicial,  except  such  inferior  officers  as  may  be  by 
law  exempted,  shall,  before  they  enter  on  the  duties  of  their 
respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation : 

"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  1 
will  support  the  constitution  of  the  United  States,  and  the 
constitution  of  the  state  of  New  York ;  and  that  I  will  faith- 
fully discharge  the  duties  of  the  office  of  according  to 
the  best  of  my  ability." 

And  no  other  oath,  declaration  or  test,  shall  be  required  as 
a  qualification  for  any  office  or  public  trust. 


STATE  OF  NEW  YORK. 


COMPILED  FKOM  THE  CONSTITUTION  OF  EIGHTEEN 
HUNDRED  AND  FORTY-SIX,  THE  REVISED  STAT- 
UTES ADOPTED  IN  EIGHTEEN  HUNDRED  AND 
TWENTY-SEYEN,  AND  THE  SUBSEQUENT  STAT- 
UTES OF  THIS  STATE  UP  TO  AUGUST,  EIGHTEEN 
HUNDRED  AND  SEYENTY-THREE,  OF  A  GENERAL 
NATURE,  AND  NOW  IN  FORCE,  RELATING  TO  ITS 
CANALS ;  ARRANGED  AND  CLASSIFIED  UPON  THE 
PLAN  OF  THE  REYISED  STATUTES. 


REVISED  STATUTES. 


PART  FIRST.  * 

«AN  ACT  CONCERNING  THE  TERRITORIAL  LIMITS 
AND  DIVISIONS,  THE  CIVIL  POLITY,  AND  THE 
INTERNAL  ADMINISTRATION  OF  THIS  STATE." 


CHAPTER  Y. 

OF  THE  PUBLIC  OFFICERS  OF  THIS  STATE,  OTHER  THAN  MILITIA 
AND  TOWN  OFFICERS ;  THEIR  ELECTION  OR  APPOINTMENT ; 
THEIR  QUALIFICATIONS  AND  THE  TENURE  OF  THEIR  OFFICES. 


TITLE  I. 

OF   THE   NUMBEB,   LOCATION   AND    CLASSIFICATION    OF   THE   PUBLIC 
OFFICERS   OF   THIS    STATE. 

SECTION  1.  Names  and  number  of  the  several  civil  officers. 

SECTION  1.  (R.  £,  §  1,  as  amended  ly  Constitution,  Art.  V.}  ciassmca- 
There  shall  be  elected  or  appointed,  in  the  manner  hereinafter 
declared  or  prescribed,  the  following  civil  officers,  who  shall  be 
arranged  in  classes  to  be  denominated  legislative,  judicial  and 
administrative ;  but  this  classification  shall  not  be  construed 
as  defining  the  legal  powers  of  the  officers  that  shall  be 
assigned  to  either  class : 

1. 


68  OF  EXECUTIVE  OFFICERS. 

Executive       2.  In  the  class  of  executive  officers,  a  governor  and  lieuten- 
ant-governor, a  secretary  of  state,  a  comptroller,  a  treasurer, 

an  attorney-general  [and  a  state  engineer  and  surveyor].1 
3    •*  *  *  #  •*  * 

4:.  In  the  class  of  administrative  officers,  three  canal  com- 
missioners, *  *  *  three  canal  appraisers,  and  so  many 
superintendents  of  eanal  repairs  as  the  canal  board  shall,  from 
time  to  time,  appoint. 


TITLE  III. 

• 

OF    EXECUTIVE    OFFICERS. 

SECTION  2.  Governor  and  lieutenant-governor,  when  to  be  chosen,  etc. 

3.  Secretary  of  state,  and  other  state  officers,  term  of  office,  etc. 

Governor        SECTION  2.  (Const,,  Art.  IY,  §  1.)  The  executive  power  shall 
tenant6-       be  vested  in  a  governor,  who  shall  hold  his  office  for  two  years ; 

a  lieutenant-governor  shall  be  chosen  at  the  same  time  and  for 

the  same  term. 

secretary        §  3.  (Const.,  Art.  V,  §  1.)     The  secretary  of  state,  comptrol- 
and  other   ler,  treasurer  and  attorney-general  shall  be  chosen  at  a  general 

officers.          ,  '    . 

election,  and  shall  hold  their  offices  for  two  years. 


TITLE  V. 

OF    ADMINISTRATIVE  OFFICERS. 

SECTION  4.  Who  commissioners  of  land  office. 

5.  Who  commissioners  of  canal  fund. 

6.  Three  canal  commissioners  shall  be  chosen. 

7.  Canal  board,  of  whom  to  consist. 

8.  Superintendents  of  repairs,  how  appointed  and  removed. 

9.  Collectors  of  canal  tolls,  how  appointed  and  removed. 

10.  Auditor  may  remove  collectors. 

11.  Three  canal  appraisers,how  appointed ;  not  to  act  when  interested. 

comrois-         SECTION  4.  (7?.  /&,  §  1,  modified  Const.,  Art.  V,  §  5.)     The 
theniandof   lieutenant-governor,  speaker  of   the  assembly,   secretary   of 

office. 

1  The  Revised  Statutes,  as  amended  by  constitution,  art.  5.    Words  thus 
inserted  in  brackets  [ — ]  are  amendments  to  the  original  text,  authorized 
by  the  constitution  or  the  statutes,  referred  to  in  the  parentheses  ( — )  in  the 
•  beginning  of  each  section. 


OF  ADMINISTRATIVE  OFFICERS.  6 

state,  comptroller,  treasurer,  attorney-general  and  state  engi- 
neer and  surveyor,  shall  be  the  commissioners  of  the  land 
office. 

§  5.  (R.  S.,  §  2,  modified  Const.,  Art.  V,  §  5.)    The  lieuten-  commis- 
ant-governor,   secretary  of  state,  comptroller,  treasurer  and  thTca^ai 
attorney-general  shall  be  commissioners  of  the  canal  fund; 
but  they  cannot  act,  as  a  board,  unless  the  comptroller  shall 
be  present. 

§  6.  (Const.,  Art.  V,  §  3.)     Three  canal  commissioners  shall  Canal 
be  chosen  at  the  general  election,  which  shall  be  held  next  sioners. 
after  the  adoption  of  this  constitution      *     *     *      and  there 
shall  be  elected  annually,  thereafter,  one  canal  commissioner, 
who  shall  hold  his  office  for  three  years. 

§  7.  (R.  S.,  §  5,  modified  Const.,  Art.  V,  §  5.)  \  *  * 
The  canal  board  shall  consist  of  the  commissioners  of  the 
canal  fund,  the  state  engineer  and  surveyor  and  the  canal 
commissioners. 

§  8.  (R.  S.,  §  6,  amended  1854,  oh.  332,  §  4.)     Superintend-  superin- 
ents  of  canal  repairs  shall  be  appointed  by  the  canal  board,  of  repairs, 


iSTo  superintendent  of  canal  repairs  shall  be  removed  by  any  poi 
canal  commissioner  during  the  session  of  the  canal  board  ;  but  moved  by 

.      .  i  -,.  commis- 

either  of  the  canal  commissioners,  when  a  recess  or  adjourn-  sioner. 
ment  of  the  canal  board  shall  have  been  ordered,  or  shall 
exist  for  more  than  five  days,  may,  during  such  recess  or 
adjournment,  remove  any  of  the  superintendents  on  the 
division  of  the  canals  of  which  he  has  charge,  and  fill  the 
vacancy  occasioned  by  such  removal,  to  continue  until  the 
order  of  the  canal  board  in  the  matter  ;  and  the  commissioners 
making  such  removal  shall,  without  delay,  report  the  name  of 
the  person  removed,  and  the  name  of  the  person  appointed, 
to  the  canal  department,  with  the  reasons  for  making  such 
removal.  On  receiving  such  report,  the  auditor  shall  imme- 
diately give  notice  to  the  members  of  the  canal  board  of  a 
meeting  of  such  board  to  consider  such  report  ;  and  if  the 
canal  board  shall  re-appoint  the  superintendent  so  removed, 
he  shall  not  be  again  removed  by  a  canal  commissioner. 

§  9.  (7?.  S.,  §  7.)  Collectors  of  canal  tolls  shall  be  ap- 
pointed by  the  canal  board,  and  shall  hold  their  offices  for  one 
year,  but  may  be  removed  at  any  time  by  such  board. 


ft)  GENERAL  PROVISIONS,  ETC. 

Removal.  §  10.  (JR.  S.,  §  8,  amended  1848,  ch.  162,  §  2.)  The 
[auditor]1  shall  also  have  power  to  remove  any  of  the  said 
collectors,  at  his  pleasure,  and  to  fill  the  vacancy  occasioned 
by  such  removal,  until  the  next  meeting  of  the  canal  board. 

canal  §11.  (R.  S.,  §  9,  modified  1836,  ch.  287.)     There  shall  be 

9'  nominated  by  the  governor  and  appointed  by  him,  with  the 
consent  of  the  senate,  three  officers  by  the  name  of  canal 
appraisers.  *  *  *  No  person  shall  act  as  appraiser  in 
any  case  in  which  he  shall  be  either  directly  or  indirectly 
interested. 

TITLE  VI. 

GENERAL   PROVISIONS   APPLICABLE   TO  ALL  THE  CIVIL  OFFICERS  OF 
THIS  STATE,  OR  TO  CERTAIN  CLASSES  OF  THEM. 

ARTICLE  1.  General  provisions  respecting  the  appointment  of  officers,  their 
qualifications,  the  commencement  and  duration  of  their 
offices. 

2.  Of  nominations  to  offices  and  commissions  to  offices. 

3.  Of  the  oath  of  office  and  official  bond. 

4.  Of  resignations,  removals,  vacancies,  etc. 

5.  Proceedings  to  compel  the  delivery  of  books  and  papers  of 

public  officers  to  their  successors. 

AKTICLE  I. 

GENERAL  PROVISIONS  RESPECTING  THE  APPOINTMENT  OF  OFFICERS, 
THEIR  QUALIFICATIONS,  THE  COMMENCEMENT  AND  DURATION  OF 
THEIR  OFFICES. 

SECTION  12.  No  person  can  hold  an  office  unless  twenty -one  years  of  age 

and  a  citizen. 
18.  When  officers  to  enter  on  their  duties. 

14.  Assistants  and  deputies,  how  appointed. 

15.  Their  number,  how  limited. 

16.  Their  powers  during  a  vacancy. 

17.  Duration  of  offices. 

18.  Certain  officers  to  act  until  their  successors  qualify. 

General          SECTION  12.  (R.  S.,  §  1.)   No  person  shall  be  capable  of  hold- 
-les.  ing  a  civil  office  who,  at  the  time  of  his  election  or  appointment, 

1  Ch.  162,  Laws  of  1848,  §  2,  is  as  follows : 

"  §  2.  All  the  powers  and  duties  of  the  chief  clerk  of  the  canal  depart- 
ment, and  all  the  powers  and  duties  of  the  comptroller  in  relation  to  the 
canals,  except  his  powers  and  duties  as  commissioner  of  the  canal  fund, 
are  hereby  transferred  to  and  vested  in  the  said  auditor;  and  the  said 


RESPECTING  APPOINTMENT  OF  OFFICERS,  ETC.  71 

shall  not  have  attained  the  age  of  twenty-one  years,  and  who 
shall  not  then  be  a  citizen  of  this  state. 

§  13.  (R.  /£,  §  3.)    All  officers  elected  by  the  people,  unless 

v  '  °      '  * 

they  shall  be  elected  to  supply  vacancies  then  existing,  shall 
enter  on  the  duties  of  their  respective  offices  on  the  first  day 
of  January  following  the  election  at  which  they  shall  be 
chosen. 

§  14:.  (R.  $.,  §  5.)     All  assistants,  deputies,  and  other  sub-  Deputies, 
ordinate  officers  of  every  description,  whose  appointment  is  appointed 
not  or  shall  not  be  specially  provided  for,  shall  be  appointed 
by  the  body,  board  or  officer,  to  which,  or  to  whom,  they  shall 
be  respectively  subordinate. 

§  15.  (R.  S..  §  6.)     When  the  number  of  such  subordinate  Their 

number 

officers  is  not  or  shall  not  be  directed  by  law,  it  shall  be 
limited  at  the  discretion  of  the  appointing  power. 

§  16.  (R.  $.,  §  7.)     In  all  cases  not  otherwise  provided  for,  Their 
each  deputy  shall  possess  the  powers,  and  perform  the  duties, 
attached  by  law  to  the  office  of  his  principal,  during  a  vacancy 
in  such  office,  and  during  the  absence  of  his  principal. 

§  17-  (R.  /£,  §  8.)  Every  office  of  which  the  duration  is  not  Duration 
prescribed  by  the  constitution,  or  is  not  or  shall  not  be  de-  officer, 
clared  by  law,  shall  be  held  during  the  pleasure  of  the  author- 
ity making  the  appointment. 

§  18.  (R.  S.,  §  9.)     Every  officer  duly  appointed,  except  the  Officers  to 
justices  of  the  supreme  court,  who  shall  have  duly  entered  on  24  wend, 
the  duties  of  his  office,  shall  continue  to  discharge  the  duties  Paige,  209 

21  Barb 

thereof,  although  his  term  of  office  shall  have  expired,  until  a  eoo. 

successor  in  such  office  shall  be  duly  qualified. 

****** 


auditor  shall  also  be  secretary  of  the  commissioners  of  the  canal  fund, 
and  of  the  canal  board." 

Under  this  section,  it  is  necessary  to  insert  the  word  "  auditor,"  in  place 
of  "  comptroller,"  in  many  of  the  existing  statutes. 

In  this  Manual,  such  change  will  be  indicated  by  printing  the  word 
"  [auditor]  "  in  brackets,  and  in  some  cases  the  reference  to  the  act  of  1848 
may  be  omitted. 


72  GENERAL  PROVISIONS,  ETC. 

AETICLE  III. 

OP  THE  OATH  OF  OFFICE  AND  THE   OFFICIAL  BOND. 

SECTION  19.  Persons  elected  or  appointed  to  civil  offices  to  take  oath. 

20.  Time  within  which  such  oath  is  to  be  taken. 

21.  Before  whom  such  oath  may  be  taken. 

22.  Oaths  when  certified  to  be  deposited  with  certain  officers. 

23.  Deputies  to  take  oaths. 

24.  Official  bonds  to  be  filed  within  the  same  time  that  oath  is  tc 

be  filed. 

25.  Notice  to  be  given  of  neglect  to  file  official  bond  or  oath. 

26.  Duty  of  comptroller  [or  auditor]   when  bond  is  not  filed  in 

time. 

27.  Bond  to  be  deemed  in  full  force  until  successor  is  appointed 

and  qualified. 

28.  Sureties  exonerated  after  renewal  of  bond. 

29.  Penalty  for  acting  without  oath  or  bond. 

30.  Office  of  commissioners  of  public  accounts  abolished. 

Oath  of          SECTION  19.  (R.   <&,  §  20.)     Every  person   who   shall  be 

office.  ,  .  " 

elected  or  appointed  to  any  civil  office  or  public  trust  embraced 

in  this  chapter,  before  he  shall  enter  on  the  duties  of  such  office 
or  trust,  shall  take  the  following  oath  or  affirmation  : 

"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that 
I  will  support  the  constitution  of  the  United  States,  and  the 
constitution  of  the  state  of  New  York ;  and  that  I  will  faith- 
fully discharge  the  duties  of  the  office  of  according 
to  the  best  of  my  ability. 

when  to  §  20.  (R.  S.j  §  21.)  Whenever  a  different  time  shall  not 
be  prescribed  by  law,  such  oath  of  office  shall  be  taken  and 
subscribed,  and  deposited  in  the  proper  office,  within  fifteen 
days  after  the  officer  shall  be  notified  of  his  election  or  appoint- 
ment, or  within  fifteen  days  after  the  commencement  of  his 
term  of  office. 

Before  §  21.  (R.  /&,  §  22.)     The  oath  may  be  taken  and  subscribed, 

except  where  otherwise  provided,  before  any  justice  of  the 
supreme  court,  the  secretary  of  state,  the  attorney -general, 
the  lieutenant-governor,  the  president  of  the  senate  for  the 
time  being,  the  speaker  of  the  house  of  assembly,  any  judge 
of  any  county  court,  any  mayor  or  recorder  of  any  city,  the 
clerk  of  any  county  or  city,  or  of  any  court  of  record. 

Howde-         §  22.  (R.  S.,  §  24,  amended  1848,  ck.  72,  §  2,  and  modified 
posited     ^  Const.  Art.  XIV,  §  8.)    Every  such  oath,  duly  certified  by 


OATH  OF  OFFICE. 

the  officer  before  whom  the  same  was  taken,  shall  be  deposited      -  • 
within  the  time  required  by  law,  as  follows : 

1.  The  oath  of  the  governor,  lieutenant-governor,  justices  a°- 
of  the  supreme  court,  comptroller,  secretary  of  state,  attorney- 
general,  treasurer  [state  engineer  and  surveyor]  ;  of  the  mem- 
of  the  senate  and  assembly,  and  of  the  clerks,  sergeants-at- 
arms  and  door-keepers  thereof ;  of  the  canal  commissioners, 
and  all  other  executive  and  administrative  officers,  whose 
authority  is  not  limited  to  any  particular  district  or  county, 
except  where  otherwise  directed,  in  the  office  of  the  secretary 

of  state. 

****** 

5.  The  oaths  of  notaries  public,  superintendents  of  canal  do- 
repairs,  and  collectors  of  canal  tolls,  in  the  office  of  the  clerk 

of  the  county  in  which  they  reside. 

6.  The  oaths  of  all  judicial,  executive  and  administrative  do« 
officers  appointed  or  elected  for  any  county  or  city,  and  of  all 
officers  whose  duties  are  local,  or  whose  residence  in  any  par- 
ticular district  or  county  is  prescribed  by  law,  in  the  office  of 
the  clerk  of  the  county  in  which  they  reside. 

§  23.  (JR.  S..  §  25.)     Whenever  any  officer  is  authorized  or  Deputy' 

J  oath. 

required  by  law  to  appoint  a  deputy,  such  deputy  shall  take 
the  same  oath  of  office  within  fifteen  days  after  his  appoint- 
ment, and  shall  cause  the  certificate  thereof  to  be  filed  in  the 
office  where  his  principal  is  required  to  file  his  oath. 

§  24.  (R.  S.,  §  26.)  "Whenever  any  officer  is  required  by 
law  to  execute  any  official  bond,  he  shall  cause  the  same  to 
be  filed  in  the  proper  office  within  the  time  herein  prescribed 
for  filing  his  oath  of  office,  unless  otherwise  provided  by  law. 

§  25.  (R.  S.,  §  27.)  In  case  any  officer  who  is  required  to 
file  the  certificate  of  his  oath  of  office,  or  his  official  bond, 
with  the  secretary  of  state,  or  with  any  county  clerk,  shall 
neglect  to  do  so  within  the  time  required  by  law,  it  shall  be 
the  duty  of  such  secretary  or  clerk  immediately  to  give  notice 
of  such  neglect  to  the  governor.  * 

§  26.  (R.  S.,  §  28,  and  1848,  ch.  162,  §  2.)     Whenever  any  do. 
official  bond  is  required  by  law  to  be  filed  with  the  comptrol- 
ler [or  auditor],  and  there  shall  be  a  neglect  to  file  the  same 
within  the  time  prescribed,  the  comptroller  [or  auditor]  shall 

immediately  give  notice  thereof  to  the  governor,  in  case  the 
10 


GENERAL  PROVISIONS,  ETC. 


Liability 
on  bond. 


UabHfty 
when  ter- 
minated. 


Penalty 
for  acting 
without 
oath  or 
bond. 
29  N.Y. 
Rep.  53*. 


Commis- 
sioners of 
public  ac- 
counts 
abolished. 


officer  was  commissioned  by  him,  and  if  not  so  commissioned, 
then  to  the  board  or  body  which  appointed  the  officer  so  neg- 
lecting. 

§  27.  (R.  S.,  §  29.)  Every  bond  executed  by  any  officer, 
pursuant  to  law,  for  the  faithful  discharge  of  the  duties  of 
his  office,  shall  be  deemed  to  be  in  force  and  obligatory  upon 
the  principal  and  sureties  therein,  so  long  as  such  officer  shall 
continue  to  discharge  the  duties  of  his  office,  and  his  successor 
shall  be  appointed  and  duly  qualified. 

§  28-  (^.  /&,  §  30.)  But  the  sureties  in  any  such  bond  shall 
be  exonerated  from  all  liability  by  reason  thereof  for  all  acts 
and  omissions  of  their  principal  after  he  shall  have  duly 
renewed  any  official  bond  pursuant  to  law. 

§  29.  (JR.  /&,  §  31.)  If  any  person  shall  execute  any  of  the 
duties  or  functions  of  any  office,  without  having  taken  and 
subscribed  the  oath  of  office  required  by  law,  or  without  having 
executed  and  filed  in  the  proper  office  any  bond  required  by 
law,  he  shall  forfeit  the  office  to  which  he  may  have  been 
elected  or  appointed,  and  shall  be  deemed  guilty  of  a  misde- 
meanor punishable  by  fine  or  imprisonment. 

§  30.  (1872,  ch.  541,  §  1.)  *  *  *  The  office  of  the  com- 
missioners of  public  accounts  is  hereby  abolished,  to  take  effect 
on  the  first  day  of  October,  1872.  * 


#1 


AETICLE  IT. 

OF  RESIGNATIONS,  VACANCIES  AND  KEMOVALS,  AND  MEANS  OF  SUPPLYING 

THEM. 

SECTION  31.  Resignations,  to  what  officers  to  be  made. 

32.  Resignations,  where  filed  in  cases  not  otherwise  provided  for. 

33.  Offices,  when  to  become  vacant. 

34.  Governor  may  remove  certain  officers  appointed  by  him. 

35.  On  judgment  for  breach  of  bond  he  may  declare  office  vacant. 

36.  Governor  may  supply  certain  vacancies  by  temporay  appoint- 

ments. 

37.  Vacancies  in  office  of  canal  commissioner  to  be  filled  by  legis- 

lature when  in  session,  by  the  governor  at  other  times. 

38.  Vacancies  in  certain  cases  to  bn  filled  by  election. 

39.  Caption  of  ballot. 

40.  Governor  to  fill  certain  offices  when  vacancies  occur. 


1  For  legislation  establishing  the  office  of  commissioners  of  public  accounts, 
see  Laws  of  1857,  ch.  592,  and  1862,  ch.  223. 


OF  RESIGNATIONS,  ETC.  75 

SECTION  31.  (^?.  /&,  §  33.)    Resignations  shall  be  made  as  Resigna- 

F  n  tion  to 

tOilOWS  :  whom  to 

1.  By  the  governor,  lieutenant-governor,  secretary  of  state, 
comptroller,  treasurer  and  attorney-general  [state  engineer  and 
surveyor],  to  the  legislature. 

2.  By  all  officers  appointed  by  the  governor  alone,  or  by 

him  with  the  consent  of  the  senate  to  the  governor. 

*  *  *  #  *  *  *• 

8.  By  all  other  officers  to  the  body,  board  or  officer  that 
appointed  them. 

§  32.  (1850,  ch.  126.)     In  all  cases  not  otherwise  provided  do. 
for  by  law,  resignation  of  an  office  may  be  made  by  filing  in  filed  in 

.         -L  ,J  ,J       .  .     cases  not 

the  office  of  the  secretary  of  state  a  written  resignation  thereof,  provided, 
signed  by  the  incumbent ;  and  thereupon  the  office  so  relin- 
quished shall  be  deemed  to  be  vacant. 

§  33.  (R.  £,  §  34.)    Every  office  shall  become  vacant  on  the  when  offi 
happening  of  either  of  the  following  events  before  the  expira-  come 

vacant. 

tion  of  the  term  of  such  omce : 

1.  The  death  of  the  incumbent. 

2.  His  resignation. 

3.  His  removal  from  office. 

4.  His  ceasing  to  be  an  inhabitant  of  the  state,  or  if  the 
office  be  local,  of  the  district,  county,  town  or  city  for  which 
he  shall  have  been  chosen  or  appointed,  or  within  which  tfie 
duties  of  his  office  are  required  to  be  discharged. 

5.  His  conviction  of  an  infamous  crime,  or  of  any  offense 
involving  a  violation  of  his  oath  of  office.1 

6.  His  refusal  or  neglect  to  take  the  oath  of  office  within 
the  time  required  by  law,  or  to  give  or  renew  any  bond  within 
the  time  prescribed  by  law. 

7.  The  decision  of  a  competent  tribunal,  declaring  void  his 
election  or  appointment. 

§  34.  (J2.  S.j  §  38.)    All  officers  who  are  or  shall  be  ap-  Governor's 
pointed  by  the  governor  for  a  certain  time,  or  to  supply  a  removal, 
vacancy,  may  be  removed  by  him.* 


1  For  statutes  relating  to  bribery,  sale  of  offices,  and  for  determination  of 
charges  against  officers,  see  Laws  of  1853,  ch.  539 ;  1863,  ch.  51,  and  1866, 
ch.  629. 

s  See,  also,  1867,  ch.  335,  post,  %  40. 


7G 


GENERAL  PROVISIONS,  ETC. 


Effect  of 
judgment 
on  bond. 


Tempo- 
rary ap- 
point- 
ments. 


Canal 
commis- 
sioners. 


By  the 
governor. 
When  not 
in  session. 


§  35.  (ft.  8.,  §  40.)  The  governor  may  also  declare  vacant 
the  office  of  every  officer  required  by  law  to  execute  an  official 
bond,  whenever  a  judgment  shall  be  obtained  against  such 
officer  for  a  breach  of  the  condition  of  such  bond. 

§  36.  (7?.  S.,  §  42.)  The  governor  may  supply  all  vacancies 
that  may  happen  .during  the  recess  of  the  senate,  in  any  office 
to  which  an  appointment  shall  have  been  made  by  the  governor, 
with  the  consent  of  the  senate  [*  *  *]',  by  granting  com- 
missions, which  shall  expire  at  the  end  of  twenty  days  from 
the  commencement  of  the  next  meeting  of  the  senate. 

§  37.  (1847,  ch.  360,  §  1.)  Whenever,  from  any  cause,  the 
office  of  canal  commissioner  shall  become  or  be  vacant  at  or 
during  a  period  when  the  legislature  shall  be  in  session,  it 
shall  be  and  is  hereby  made  the  duty  of  the  legislature  to 
appoint  some  proper  person  to  fill  such  vacancy  in  the  same 
manner  as  is  now  prescribed  by  law  for  filling  vacancies  in  the 
office  of  regent  of  the  university ;  and  whenever,  from  any 
cause,  the  office  of  canal  commissioner  shall  become  or  be 
vacant  at  a  period  when  the  legislature  is  not  in  session,  it 
shall  be  and  is  hereby  made  the  duty  of  the  governor  (or  per- 
son acting  as  governor)  to  appoint  some  proper  person  to  fill 
such  vacancy,  and  to  cause  such  appointment  to  be  duly  filed 
in  the  office  of  the  secretary  of  state,  and  the  person  appointed 
to  such  office,  in  either  of  the  modes  herein  provided  for,  shall 
be  entitled  to  all  the  privileges  and  subject  to  all  the  duties 
and  liabilities  of  such  office,  and  shall  hold  this  office  by  virtue 
of  such  appointment,  until  the  commencement  of  the  political 
year  next  succeeding  the  first  annual  election  after  the  happen 
ing  of  the  vacancy  which  he  was  appointed  to  fill,  and  no 
longer,  if  the  unexpired  term  of  the  office  which  such  appoint- 
ment shall  be  made  to  fill  shall  continue  so  long.2 

vacancies       §  38-  (Same  ck.,  §  2.)     Whenever  the  office  of  canal  com- 
cases'to'be  missioner  shall  become  vacant,  and  the  unexpired  term  of  such 
office  so  becoming  vacant  shall  extend  beyond  the  commence- 

1  Certain  exceptions  relating  to  judicial  officers  are  omitted  from  this  sec- 
tion, such  provisions  having  been  modified  by  the  constitution  of  1846. 

2  See,  also,  §  6,  ch.  280,  Laws  of  1844,  which   provided  that  any  vacancy 
happening  in  this  office  during  the  session  of  the  legislature  should  be  sup- 
plied in  the  manner  then  established  for  the .  appointment  of  secretary  of 
state,  and  also  for  appointment  by  the  governor  when  the  vacancy  occurred 
during  the  recess. 


filled  by 
election. 


VACANCIES.  77 

ment  of  the  political  year  next  succeeding  the  first  annual 
election  after  the  happening  of  such  vacancy,  there  shall  be 
chosen  at  the  annual  election  which  shall  be  held  next  after 
the  happening  of  such  vacancy,  in  the  same  manner  as  other 
canal  commissioners  are  elected,  a  canal  commissioner  to  fill 
such  vacancy,  and  the  person  so  elected  shall  hold  such  office 
and  discharge  the  duties  thereof  for  the  residue  of  such  unex- 
pired  term,  from  and  after  the  commencement  of  the  political 
year  next  succeeding  such  election. 

§  39.  (Same  ch.,  §  3.)     "Whenever  any  person  is  voted  for  Caption  of 
to  fill  a  vacancy  in  the  office  of  canal  commissioner,  the  person 
so  voted  for  shall  be  designated  under  the  caption  for  "  canal 
commissioner,"  by  the  words  "  to  fill  vacancy." 

§  40-  (1867,  ch.  335,  §  1,  amending  chaps.  29  and  46  of  when 

ffovcrnor 

1849,  modified  Ijy  amendment  to  Constitution,  1869,  Art.  FT,  toflii 
§  2.)  Whenever  vacancies  shall  exist  or  shall  occur  in  any  of 
the  offices  of  this  state,  where  no  provision  is  now  made  by 
law  for  filling  the  same,  the  governor  shall  appoint  some  suit- 
able person,  who  may  be  eligible  to  the  office  so  vacant  or  to 
become  vacant,  to  execute  the  duties  thereof  until  the  com- 
mencement of  the  political  year  next  succeeding  the  first 
annual  election  after  the  happening  of  the  vacancy  at  which 
such  officer  could  be  by  law  elected ;  and  the  person  so  ap- 
pointed to  fill  such  vacancy  shall  possess  all  the  rights  and 
powers,  and  be  subject  to  all  the  liabilities,  duties  and  obliga- 
tions of  such  officer,  as  they  are  now  or  may  hereafter  be  pre- 
scribed by  law ;  provided,  however,  that  when  a  vacancy  exists 
in  the  offices  of  secretary  of  state,  comptroller,  treasurer, 
attorney-general,  state  engineer  and  survey or  [*]  or  canal  com- 
missioner, or  a  resignation  has  been  actually  sent  in  and 
accepted,  to  take  effect  at  a  future  day,  while  the  legislature 
is  in  session,  the  two  houses  thereof,  by  joint  ballot,  shall 
appoint  a  person  to  fill  such  vacancy,  actual  or  prospective ; 
and  any  person  appointed  by  the  governor  by  and  with  the 
advice  and  consent  of  the  senate,  whether  in  case  of  vacancy 
or  otherwise  (except  state  prison  inspectors),  may  be  removed 
from  such  office  by  concurrent  resolution  of  both  houses  of 
the  legislature.  On  such  removal  both  houses  shall,  by  joint 
ballot,  appoint  a  person  to  the  office  made  vacant  thereby. 

1  The  words  "  Clerk  of  court  of  appeals  "  omitted.     His  appointment  is 
now  provided  for,  by  amendment  to  tlie  constitution  of  1869,  art.  6,  §  2. 


78  OF  THE  CANAL  FUND. 


AKTICLE  Y. 

PROCEEDINGS  TO  COMPEL  THE  DELIVERY  OF  BOOKS  AND  PAPERS  BY  PUBLIC 
OFFICERS  TO  THEIR   SUCCESSORS.1 


1  See  1st  ed.  Revised  Statutes,  vol.  1,  p.  124 ;  or  5th  ed.  Revised  Statutes, 
vol.  1,  p.  416. 


CHAPTER  IX. 

OF  THE  FUNDS,  REVENUE,  EXPENDITURES  AND  PROPERTY  OF 
THE  STATE;  AND  THE  ADMINISTRATION  THEREOF. 

***#** 

TITLE   II.  Of  the  canal  fund,  and  the  administration  thereof. 

****** 

V.  Of  the  public  lands,  and  the  superintendence  and  disposition 

thereof. 
****** 

IX.  Of  the  canals. 

TITLE  II. 

OF  THE  CANAL  FUND,  AND  THE  ADMINISTRATION  THEREOF. 

SECTION  41.  Designation  and  description  of  the  canal  fund. 

42.  Certain  part  of  the  canal  fund  pledged. 

43.  Statement  of  the  canal  debt. 

44.  Commissioners  of  canal  fund,  of  whom  to  consist. 

45.  To  superintend  and  manage  the  fund. 

46.  Their  duties ;  auditor  to  report  annually  the  state  of  the  fund. 

47.  Surplus  revenues,  how  to  be  applied. 

48.  Surplus  revenues,  how  invested. 

49.  May  invest  in  other  stock  in  certain  cases. 

50.  May  regulate  deposits  of  money  belonging  to  canal  fund. 

51.  Auditor  to  report  deposits,  interest,  etc. 

LOANS. 

52.  May  borrow  money  for  deficiency  in  canal  debt. 

53.  May  borrow  in  case  of  unavailable  funds. 

54.  May  make  regulations  as  to  transfers  of  stock,  returns,  etc. 

55.  Canal  stock  certificates  to  be  signed  and  sealed  by  auditor. 

56.  Auditor  to  prepare  certificates  of  canal  stock. 

57.  Certificates  returned  to  be  preserved. 

58.  Books  to  be  delivered  by  cashier  of  Manhattan  company. 

59.  Books  to  be  preserved. 


LOANS.  79 

SECTION  60.  Cashier  to  issue  new  certificates  for  those  surrendered  aud 
canceled. 

61.  Cashier  to  write  "  stock  surrendered  "  on  said  books,  and  de- 

liver canceled  certificates. 

62.  Provision  for  payment  of  fractional  parts  or  re-issues. 

63.  Proposals  for  loans  to  be  advertised  for. 

64.  Commissioners  to  prescribe  rules  for  transfer  of  stock. 

65.  Commissioners  may  borrow  for  canal  purposes  under  consti- 

tution, Art.  VII,  §  10. 

66.  Commissioners  to  establish  an  office  for  transfers  at  a  bank  in 

New  York. 

67.  Responsibility  of  such  banks. 

68.  Stocks  transferable  only  at  such  office. 

69.  Certificates  of  stock,  how  issued. 

70.  Issues  and  transfers,  how  regulated. 

71.  Powers  of  attorney  to  transfer  stock. 

72.  Not  revoked  in  certain  cases. 

73.  Manner  of  verifying  powers  of  attorney. 

74.  Lost  certificates  may  be  renewed. 

75.  New  certificates  to  representatives  of  deceased  foreign  owners. 

76.  Certificates,  when  to  be  issued  to  executors  of  deceased  foreign 

owners. 

77.  Commissioners  may  borrow  $2,250,000,  at  six  per  cent  per 

annum,  for  enlargement. 

78.  $2,250,000,  from  remainder  of  surplus  revenues,  appropriated 

for  enlargement. 

79.  Commissioners  to  borrow  $1,500,000. 

80.  To  pay  revenue  certificates  issued  under  ch.  485  of  1851. 

81.  $1,250,000  for  interest ;  $155,820.37  for  sinking  fund. 

82.  Premiums,  how  invested  and  applied. 

83.  Moneyed  corporations  may  buy  and  sell  stock. 

84.  $2,250,000  may  be  borrowed  to  meet  appropriations  made  by 

ch.  330  of  1854. 

85.  May  borrow  $2,250,000  for  work  on  canals. 

86.  May  borrow  $2,250,000  for  enlargement. 

87.  May  borrow  $2,500,000  for  floating  debt. 

88.  Moneys,  how  applied. 

89.  Proceeds  to  pay  debts. 

90.  Annual  tax  to  pay  principal  and  interest, 

91.  When  the  fourth  section  may  be  repealed. 

92.  This  act  shall  be  submitted  to  the  people. 

COSTS    AND    LEGAL    PROCEEDINGS. 

93.  Canal  fund  commissioners  may  allow  claims  for  costs,  ex 

penses,  etc.,  against  canal  officers. 

94.  Examination  of  claims  for  costs,  etc. 

95.  Commissioners   may  direct   the  attorney-general  or  employ 

counsel  to  defend  the  interest  of  the  state. 

96.  Canal  fund  or  canal  commissioners  may  bring  certiorari. 

97.  Proceedings. 

98.  Certiorari  not  to  prevent  appeal. 

99.  Actions  in  behalf  of  the  people  to  have  preference. 
100.  Appeals  may  be  brought  without  security. 


OF  THE  CANAL  FUND. 

SECTION  101.  Appeals  to  have  preference. 

102.  Injunctions  must  be  applied  for  in  the   district  where  the 

board  or  duty  is  located. 

103.  Governor  may  appoint  counsel  in  injunctions  in  certain  capes. 

104.  Proceedings  in  civil  suits  in  behalf  of  the  people. 

CHARGES    ON   CANAL   FUND. 

105.  Charges  on  the  canal  fund. 

106.  Deficiencies  in  revenues  of  lateral  canals  to  be  paid  by  Erie 

and  Champlain. 

107.  Expenses  of  canal   appraisers'   office   to  be  paid   from   the 

revenues. 

108.  May  pay  ex-canal  appraisers  for  returns  to  appeals. 

CANAL    DEPARTMENT. 

109.  The  canal  department  constituted. 

OF   THE   AUDITOR HIS   POWERS   AND   DUTIES. 

^.10.  Office  of,  created ;  chief  clerk  abolished. 

111.  Powers  and  duties  of  auditor. 

112.  Seal  of  office. 

113.  Books  and  papers,  where  deposited. 

114.  Copies  certified  by  auditor  may  be  used  in  evidence. 

115.  May  employ  and  pay  clerks. 

116.  Statement  of  tolls,  trade  and  tonnage. 

117.  State  dues  to  be  paid  into  state  treasury. 

118.  Balances  to  be  credited  to  state  treasurer. 

119.  May  order  treasurer  to  transfer  funds. 

120.  Canal  fund  moneys  to  be  paid  by  the  treasurer  on  the  warrant 

of  the  auditor. 

121.  Auditor's  warrant  to  specify   chapter  and  date  of  law  and 

item  of  appropriation. 

122.  Auditor  to  countersign  treasurer's  checks. 

123.  Accounts  of  receipts  and  payments  to  be  kept  by  auditor. 

124.  Annual  report  of  receipts  and  payments. 

125.  To  be  made  to  legislature  hereafter. 

126.  May  designate  an  acting  auditor. 

127.  May  designate  deputy  auditor. 

128.  May  designate  secretary  of  canal  board. 

129.  Governor  shall  appoint  auditor. 

130.  May  suspend  him  for  violation  of  duty. 

131.  Term  of  office  and  salary. 

132.  Compensation  of  clerks. 

133.  Department  expenses  to  be  paid  from  canal  fund. 

134.  Pay  of  collectors,  weighmasters,  etc. 

135.  Penalties  remitted  and  tolls  refunded,  how  paid. 

136.  Auditor  may  remove  collectors. 

137.  Payment  of  damages  for  land,  etc.,  when  to  be  made. 

138.  Money  for  damages,  where  the  property  is  incumbered,  to  be 

deposited. 

139.  Certificate  of  title  to  be  filed  before  payment  of  damages. 

140.  To  refuse  payment  of  drafts  on  estimates  unless  verified  as 

provided  by  law. 


OF  THE  CANAL  FUND.  81 

SECTION  141.  Payments  to  contractors,  how  made. 

142.  Measurement  to  accompany  receipt. 

143.  To  advance  expenses  of  engineer  department. 

144.  Engineers  to  file  bond. 

145.  Engineers  to  render  accounts  quarterly. 

146.  Engineers'  accounts  to  be  certified  by  canal  commissioners. 

147.  Advances  to  superintendents  of  repairs. 

148.  Superintendents  to  make  detailed  estimates. 

149.  Estimates  to  be  certified  by  commissioner. 

150.  Purchases  to  be  made  for  cash ;  auditor  to  prescribe  rules  and 

require  proof  of  payment. 

151.  To  settle  with  canal  commissioner  and  report  sums  paid  and 

names  to  the  legislature. 

152.  Auditor  to  act  in  place  of  canal  commissioner  when  latter  dis- 

qualified. 

153.  Duties  of  auditor  as  to  water  on  Syracuse  level. 

154.  Attorney-general  to  prepare  papers  when  requested. 

155.  Auditor  to  prepare  and  distribute  blanks. 

INTEREST. 

156.  Awards  and  certificates  to  bear  interest  after  certain  times 

specified. 

157.  Interest  to  cease  after  notice  by  auditor  of  funds  provided. 

158.  Treasurer  to  pay  interest  on  warrant  of  auditor. 

ACCOUNTS,    PRINTING,    ETC. 

159.  Fiscal  year  defined. 

160.  Books  and  accounts  to  be  adapted  thereto. 

161.  Annual  accounts  to  be  closed  September  30. 

162.  Reports  to  be  in  hands  of  printer  by  10th  of  December. 

163.  Of  the  public  printing. 

TAX   FOR   DEFICIENCIES. 

164.  Counties  may  levy  tax  for  3£  mill  tax  of  1872. 

165.  Or  may  issue  bonds. 

166.  Actions  of  supervisors  legalized. 

167.  Bonds,  how  to  be  issued. 

168.  Taxes  imposed  under  chapter  734  of  1872,  legalized. 

169.  Loans  for  same  purpose  legalized. 

REPAIR   CONTRACTS    ABOLISHED. 

170.  Repair  contract  system  and  the  contracting  board  abolished 

(with  note  and  statement  of  statutes  relating  thereto). 

OF    THE    CANAL,   FUND. 

SECTION  41.  (R.  S.,  §  1.)     The  canal  fund  shall  continue  to  9*°^ 

fund. 

consist  of  the  following  property  : 

1.  Lands  granted  for  the  construction  of  the  canals,  by  the 
state,  by  companies,  or  by  individuals,  and  remaining  unsold. 

2.  Debts  due  for  such  portions  of  said  lands  as  have  hereto- 
fore been  sold. 

11 


82  OF  THE  CANAL  FUND. 

3.  The  tolls  and    commutation   moneys,  imposed  on  and 
collected  from  such  navigable  communications  belonging  to 
the  state,  as  now  are  or  hereafter  shall  be  made  and  completed 

4.  [6.]  All  moneys  received  for  the  sale  or  use  of  the  sur- 
plus waters  of  any  canal  belonging  to  this  state  ;  and, 

5.  [Y.]  All  moneys  recovered  in  suits  for  penalties  or  dam- 
ages instituted  under  the  canal  laws.1 

certain  §  42.  (R.  8.,  §  2,  and  Const.,  Art.  VII,  §  3.)  Such  parts  of 
pledged,  the  said  fund  as  are  designated  in  the  tenth  section  of  the 
seventh  article  of  the  constitution  of  this  state  [Constitution 
of  1822],  are  to  be  and  remain  inviolably  appropriated  arid 
applied  to  the  completion  of  the  navigable  communications 
specified  in  that  section,  and  to  the  payment  of  the  interest 
and  the  re-imbursement  of  the  capital  of  the  money  borrowed 
to  make  and  complete  the  same.8  The  rates  of  toll  on  persons 
and  property  transported  on  the  canals,  shall  not  be  reduced 
below  those  for  the  year  one  thousand  eight  hundred  and  fifty- 
two,  except  by  the  canal  board  with  the  concurrence  of  the 
legislature. 

canal  §  43.  (1850,  ch.  375,  §  2.)     The  canal  debt  as  it  existed  on 

debt.  tue  -grst  ^av  Of  jun6j  1846,  is  hereby  declared  to  include  all 
canal  debts  which  existed  prior  to  that  day,  arising  on  contracts 
or  for  land  appropriated  and  used  previous  to  said  first  day  of 
June,  1846,  which  debts  shall  be  ascertained  and  awarded  in 
the  manner  required  by  law ;  and  such  debts,  when  thus  ascer- 
tained and  awarded,  shall  be  paid  from  the  canal  debt  sinking 
fund  in  the  same  manner  as  other  portions  of  the  canal  debt. 

1  The  original  subdivisions  4  and  5  were  abrogated  by  the  amendments 
to  the  constitution  adopted  in  1835  (relating  to  duties  on  salt  and  sales  at 
auction).     The  Revised  Statutes,  §§  1   and  2  embodied  the  provisions   of 
article  7,  §  10,  of  the  constitution  of  1822. 

2  The  latter  clause  of  the  original  £  2  is  omitted,  and  the  provision  of 
§  3,  art.  7,  Const.,  1846,  relating  to  tolls  is  added.     The  clause  omitted  waa 
as  follows : 

"And  rates  of  toll  not  less  than  those  agreed  to  by  the  canal  commission- 
ers, and  set  forth  in  their  report  to  the  legislature  of  the  twelfth  of  March, 
one  thousand  eight  hundred  and  twenty-one,  are  to  be  imposed  on  and  col- 
lected from  all  parts  of  such  navigable  communications." 

Chapter  485  of  1851,  §  11,  authorized  the  canal  board  to  adjust  the  rates 
of  toll  in  such  a  manner  as  to  produce  the  greatest  amount  of  trade  and 
revenue,  but  this  act  was  repealed  by  ch.  338,  Laws  of  1854. 

So  far  as  any  of  the  provisions  of  the  original  section  (R.  S.,  §  2)  are  in 
force,  they  now  relate  wholly  to  tolls,  the  other  sources  of  revenue  having 
been  diverted  or  abolished. 


OF  THE  CANAL  FUND.  88 

§  44.  (Const.,  Art.  V,  §  5.)     *     *     *     The  lieutenant-go v-  commis- 
ernor,  secretary  of  state,  comptroller,  treasurer  and  attorney-  canal"" 
general,  shall  be  commissioners  of  the  canal  fun^L 

§  45.  (JR.  3.,  §  4.)     The  canal  fund  shall   continue  to  be  Superin- 

tendents 

superintended  and  managed  by  the  commissioners  of  the  canal  of  the 
fund,  a  majority  of  whom,  including  the  comptroller,  shall  be 
a  quorum  for  the  transaction  of  business ;  but  the  care  and 
disposition  of  all  lands  belonging  to  the  canal  fund,  shall  be 
vested  in  the  commissioners  of  the  land  office. 

% 

§  46.  (JR.  S.,  §  5,  amended  1861,  oh.  177,  §  7.)  It  shall  be  Their 
the  duty  of  the  commissioners  of  the  canal  fund,  to  manage, 
to  the  best  advantage,  all  things  belonging  to  that  fund  ;  to 
recommend  from  time  to  time  to  the  legislature,  the  adoption 
of  such  measures  as  may  be  thought  proper  by  them  for  the 
improvement  of  the  fund ;  and  [the  auditor  shall]  report  to 
the  legislature  at  the  opening  of  every  session  thereof,  the 
state  of  the  fund. 

§  47.  (R.  /&,  §  7.)     The  commissioners  of  the  canal  fund  Appiica- 
shall,  from  time  to  time,  apply  the  surplus  revenues  of  the  surplus 
canal  fund,  after  paying  the  interest  of  the  canal  debt,  to  the 
purchase  of  canal  stock  of  this  state,  if  in  their  opinion  such 
stock  can  be  purchased  on  advantageous  terms.     And  the  cer- 
tificates of  stock  so  purchased  shall  be  canceled. 

§  48.  (1839,  ch.  325,  §  5.)     The  commissioners  of  the  canal  surplus 

canal 

fund  are  hereby  authorized  from  time  to  time,  to  invest  any  revenue, 
surplus  revenues  of  that  fund  in  any  stocks  for  the  payment 
of  which  the  faith  of  this  state  is  or  shall  be  pledged,  and 
any  such  investments  heretofore  made  are  hereby  confirmed. 

§  49.  (R.  &,  §  8.)  Whenever  the  commissioners  shall  be 
unable  to  purchase  canal  stock  upon  terms  by  them  deemed 
advantageous  to  the  state,  they  may  invest  such  surplus  rev- 
enues in  the  public  stocks  of  the  United  States,  or  any  public 
stock  created  by  the  corporation  of  the  city  of  New  York  or 
Albany,  and,  from  time  to  time,  may  re-invest  the  interest  or 
dividends  upon  such  investments,  as  part  of  such  surplus 
revenues. 

§  50-  (1831,  ch.  286,  §  1 ;  amended  1852,  ch.  370.)  The 
commissioners  of  the  canal  fund  may  deposit  the  moneys  be- 


OF  THE  CANAL  FUND. 


longing  to  the  said  fund,  with  any  safe  incorporated  moneyed 
institutions  [or  banking  associations  in  this  state],  and  may 
make  such  contracts  with  such  institutions,  for  the  interest  on 
and  duration  of  such  deposits,  as  shall  be  most  promotive  of 
the  interests  of  said  fund.1 

Auditor  to      §51.  (Same  cA.,  ,§  2;  amended  1861,  oh.  177,  §  7.)     [The 
place  of      auditor]  shall,  in  [his]  annual  report  to  the  legislature,  specify 

the  institutions  holding  all  such  deposits,  the  amount  of  each, 

and  the  rate  of  interest  paid  thereupon. 


Money 
may  be 
borrowed 
for  defici- 
ency to 
,  pay  inter- 
est and 
principal 
of  canal 
debt. 


Provision 
in  case  of 
unavail- 
able 
funds. 


LOANS. 

§  52.  (1848,  oh.  216,  §  2 ;  amended  1855,  ch.  335,  §  3.)  If 
the  sinking  funds,  or  any  of  them,  provided  in  article  seven 
of  the  constitution,  shall  at  any  time  be  insufficient  to  pay  the 
interest  and  redeem  the  principal  of  any  part  of  the  state  debt 
(chargeable  upon  the  revenues  of  the  canals,  by  article  seven 
of  the  constitution),  as  the  same  shall  become  due  and  pay- 
able, the  commissioners  of  the  canal  fund  shall  be  authorized, 
under  the  provisions  of  said  article  seven,  to  borrow  on  the 
credit  of  such  funds  or  fund,  payable  in  such  time,  not  exceed- 
ing eighteen  years,  and  bearing  such  rate  of  interest,  not  ex- 
ceeding seven  per  cent  per  annum,  as  they  may  deem  most 
beneficial  to  the  interest  of  the  state,  to  supply  such  deficiency  ; 
and  the  comptroller  shall  be  authorized  to  issue  stock  therefor, 
in  the  manner  provided  by  law  for  the  issue  of  stock  in  other 
cases. 

§  53.  (1848,  ch.  215 ;  amended  1849,  oh.  230.)  If  any  of 
the  stocks  or  unavailable  funds  that  have  been  appropriated 
toward  the  completion  or  improvement  of  any  of  the  canals, 
shall  be  unavailable  to  meet  the  contracts  now  made,  or  that 
may  hereafter  be  made  upon  the  faith  of  such  appropriations, 
it  shall  be  lawful  for  the  commissioners  of  the  canal  fund  to 
borrow  upon  the  credit  of  such  stocks  and  unavailable  funds,  at 
a  rate  of  interest  not  exceeding  seven  per  cent  per  annum,  an 
amount  not  exceeding  the  nominal  amount  thereof,  to  be  re- 
paid from  the  avails  of  such  stocks  or  unavailable  funds,  and 
pledging  the  faith  of  the  state  to  make  good  any  deficiency 

1  Ch.  370,  1852,  amends  §  16,  ch.  IX,  title  2,  part  1,  Revised  Statutes,  by 
inserting  the  words  "  or  banking  associations,"  immediately  after  the  words 
"  safe  incorporated  moneyed  institutions."  There  is  no  §  16  in  the  Revised 
Statutes,  1st  ed.  The  law  of  1831  appears  as  §  11,  in  the  2d  ed.,  as  §  16  in 
the  3d  ed.,  and  as  §  41  in  the  5th  ed. 


LOANS.  85 

remaining  thereon  ;  and  the  comptroller  is  hereby  authorized 
to  issue  stock  therefor,  in  the  same  manner  as  is  provided  by 
law  for  the  issue  of  stock  in  other  cases. 

§  54.  (1830,  ch.  242,  §  3.)  The  commissioners  of  the  canal 
fund  shall,  from  time  to  time,  prescribe  such  rules  and  regula- 
tions, to  be  in  accordance  with  the  existing  statutory  provisions, 
relative  to  the  transfer  of  all  or  any  of  the  public  stocks  of  this 
state,  and  the  division  and  consolidation  of  the  certificates 
thereof,  as  they  shall  think  advisable  and  proper,  and  may  alter 
and  modify  the  same.  The  said  commissioners  may  also  re- 
quire such  returns  to  be  made  to  the  [auditor],  by  the  officer  or 
person  authorized  by  law  to  transfer  said  stocks,  and  pay  the 
interest  on  any  loan,  as  they  may  deem  reasonable  and 
expedient. 

§  55.  (1857,  ch.  783,  §  4.)     All  certificates  of  stock  hereafter  certificate 
issued  by  or  under  the  direction  of  the  commissioners  of  the  be  signed 
canal  fund,  and  purporting  to  be  issued  from  the  canal  depart- 
ment, shall  be  signed  by  the  auditor  of  the  canal  department 
instead  of  the  comptroller,  and  be  sealed  with  the  seal  of  the 
canal  department,  instead  of  the  seal  of  the  comptroller. 

§  56.  (1831,  ch.  320,  §  2 ;  modified  by  1848,  ch.  162,  and  comptroi- 
1857,  ch.  783,  §  4.)     It  shall  be  the  duty  of  the  comptroller   auditor  to 

DrGD3TG 

[or  auditor,  in  case  of  all  canal  loans  made  since  April  17>  certificates 

'•  TIT  11-        of  stock. 

1857],  from  time  to  time,  to  prepare  and  deliver  to  the  cashier 
of  the  Manhattan  Company,  or  such  other  officer  as  shall  at 
any  time  be  designated  or  authorized  to  issue  certificates  of 
stock  created  or  to  be  created  under  the  laws  of  this  state, 
suitable  books,  containing  certificates  of  stock,  of  the  form  and 
description,  as  *near  as  may  be,  as  are  now  used ;  which  said 
certificate  shall  be  filled  up  in  the  handwriting  of  said  comp- 
troller [or  auditor,]  or  such  one  of  the  clerks  in  his  office  as  he 
shall  from  time  to  time  designate,  of  the  following  denomina- 
tions :  one  dollar,  fifty  dollars,  one  hundred  dollars,  three  hun- 
dred dollars,  five  hundred  dollars,  one  thousand  dollars,  three 
thousand  dollars,  five  thousand  dollars,  ten  thousand  dollars  ,and 
twenty  thousand  dollars ;  and  said  certificates  shall  be  numbered 
and  signed  by  the  comptroller,  [or  auditor]  with  the  addition  of 
his  name  of  office.  Said  books  shall  also  be  prepared  with  broad 
and  proper  margins,  in  which  shall  be  written  out,  at  length, 
the  denominations  or  amounts  of  said  certificates,  with  the  corre- 


86 


OF  THE  CANAL  FUND. 


spending  numbers,  and  shall  be  signed  by  the  comptroller  [or 
auditor]. 

§  57.  (Same  ck.,  §  3.)     It  shall  be  the  duty  of  the  cashier  of 
turnedeto   the  Manhattan  Company,  or  such  other  officer  as  shall  be  author- 
served",       ized  or  designated  to  issue  certificates  of  stock,  to  preserve  all 
certificates  returned  to  him ;  and  whenever  he  shall  issue  cer- 
tificates of  stock,  after  he  shall  be  furnished  with  the  books  in 
the  last  section  mentioned,  he  shall  take  them  from  said  books, 
and  sign  and  date  the  same ;  and  he  shall  write  in  the  margin 
of  the  date  when,  and  the  person  to  whom,  any  certificate  shall 
have  been  issued. 


Books  to 
be  deliv- 
ered. 


§  58.  (Same  ch. ,  §  4.)  On  the  fourth  Monday  of  September 
in  each  year,  it  shall  be  the  duty  of  the  comptroller  [or  auditor] 
to  receive  from  the  said  'cashier,  or  other  officer  as  aforesaid, 
all  such  books,  the  certificates  from  which  shall  have  been  cut, 
and  to  receive  and  compare  therewith  the  certificates  of  stock 
returned ;  and  if  the  amounts  correspond,  after  the  necessary 
allowance  for  any  new  stock  authorized  to  be  issued  by  this 
state,  to  furnish  said  cashier  or  other  officer  with  the  proper 
voucher  thereof. 

And  to  be  §  59.  (Same  ch.j  §  5.)  It  shall  be  the  duty  of  the  comp. 
troller  [or  auditor]  to  preserve  the  books  and  certificates 
returned  (after  seeing  that  said  certificates  are  canceled)  in 
some  proper  and  safe  place  of  deposit. 


To  give 
tic- 


§  60.  (Same  ch.,  §  6.)  It  shall  be  the  duty  of  the  comp- 
neVcerti-  troller  [or  auditor]  to  give  notice,  in  two  of  the  public  news- 
beaissued.  papers  printed  in  the  city  of  New  York,  and  in  such  other 
papers  as  he  shall  deem  proper,  and  to  renew  the  same  from 
time  to  time,  that  new  certificates  of  stock  will  be  issued,  of 
the  form  pointed  out  in  the  second  section  of  this  act,  and  to 
request  the  holders  of  certificates  of  stock  to  surrender  and 
cancel  their  old  and  receive  such  new  certificates. 


Stock  sur- 
rendered. 


§  61.  (Same  ch.,  §  7.)  It  shall  be  the  duty  of  said  cashier,  or 
such  officer  as  shall  be  designated  in  his  place  as  aforesaid, 
whenever  any  certificate  of  stock  shall  be  surrendered  and 
canceled  as  aforesaid,  to  issue  new  certificates  from  the  afore- 
said books,  and  to  write  in  the  margin  thereof,  "  stock  surren- 
dered ; "  and  the  certificates  so  canceled  shall  be  preserved  and 
delivered  to  the  comptroller  [or  auditor.] 


LOANS.  87 

§  62.  (Same  oh.,  §  8.)     In  case  any  one  of  the  denomina-  certm- 
tions  of  certificates  does  not  correspond  with  the  stock  trans-  fractional 
ferred  or  canceled  as  aforesaid,  certificates  of  different  denonii-  l 
nations  may  be  issued  to  meet  the  amount ;  and  in  case  the 
holders  of  stock  prefer  selling  the  fractional  parts  of  their 
stock,  less  than  $100,  to  receive  certificates  therefor,  the  said 
cashier,  or  other  officer  appointed  in  his  place,  is  directed  to 
purchase  any  said  fractional  parts ;  and  the  comptroller  [or 
auditor]  is  directed  to  pay  over  to  said  cashier,  or  other  officer 
designated  in  his  place,  the  necessary  moneys  to  meet  advances 
under  this  section,  and  charge  the  same  to  the  funds  of  the 
Erie  and  Champlain  canals. 

§  63.  (^.  S.j  §  9.)  Whenever  the  commissioners  of  the  shall  ad- 
canal  fund  shall  be  authorized  to  borrow  money  upon  the  proposals, 
credit  of  the  state,  they  shall,  previous  to  any  loan  to  be  made 
by  them,  give  notice  that  sealed  proposals  will  be  received  to 
a  given  day,  and  until  a  certain  hour  of  such  day,  to  be  named 
in  the  notice ;  which  notice  shall  be  published  in  two  news- 
papers in  each  of  the  cities  of  New  York  and  Albany,  and 
continued  for  two  weeks  daily  in  the  New  York  papers,  and 
at  least  twice  a  week  in  the  Albany  papers.  And  the  propo- 
sals received  by  them  shall  not  be  opened  until  the  hour  speci- 
fied in  such  notice. 

§  64.  (1849,  ch.  228.)  If  the  legislature,  the  canal  board,  General 
commissioners  of  the  canal  fund,  or  canal  commissioners,  shall  to  borrow 
at  any  time,  by  virtue  of  constitutional  and  legal  authority 
vested  in  them,  authorize  or  require  the  payment  of  any  sum 
of  money  out  of  the  canal  fund,  for  any  purpose  connected 
with  the  canal  expenditures,  to  which  the  revenues  of  the 
canals  are  not  applicable  under  the  restrictions  of  the  consti- 
tution, the  commissioners  of  the  canal  fund  shall  be  authorized, 
under  the  tenth  section  of  the  seventh  article  of  the  constitu- 
tion, to  borrow  such  sum  of  money  payable  in  such  time,  not 
exceeding  eighteen  years,  and  bearing  such  rate  of  interest, 
not  exceeding  seven  per  cent  per  annum,  as  they  may  deem 
most  beneficial  to  the  interests  of  the  state ;  and  the  comp- 
troller shall  be  authorized  to  issue  stock  therefor,  in  the  man- 
ner provided  by  law  for  the  issue  of  stock  in  other  cases. 

§  65.  (1832,  ch.  296,  8  2.)     When  there  shall  not  be  monev  May  re- 

*     deem 

in  the  treasury  belonging  either  to  the  general  fund,  the  litera-  stock  in 


88  OF  THE  CANAL  FUND. 

certain  ture  fund,  or  the  common-school  fund,  and  money  shall  be 
needed  for  the  purposes  of  the  government,  the  comptroller 
shall  give  notice  thereof  to  the  commissioners  of  the  canal 
fund,  and  they  shall  redeem  with  money  belonging  to  the 
Erie  and  Champlaiii  canals,  the  Erie  and  Champlain  canal 
stock,  held  by  and  belonging  to  the  literature  and  common- 
school  fund  ;  and  when  all  such  stock  shall  be  redeemed,  the 
said  commissioners  shall  purchase  at  par  the  stock  of  the 
Cayuga  and  Seneca,  of  the  Oswego,  and  of  the  Hudson  and 
Delaware  canals,  held  by  and  belonging  to  either  the  litera- 
ture or  common-school  funds  in  the  order  here  mentioned, 
and  in  such  portions  and  parcels  as  the  wants  of  the  general 
fund  shall  require;  and  the  stock  so  purchased  shall  be 
assigned  to  and  held  by  the  commissioners  of  the  canal  fund 
for  the  Erie  and  Champlain  canals.1 

Offices  for       §  66.  (1840,  ch.  288,  §  1.)     The  commissioners  of  the  canal 
transfer  of  fund  are  hereby  authorized  to  contract,  in  behalf  of  the  people 

stock  to  be 

establish-  of  this  State,  with  any  bank  in  the  city  of  N ew  York,  to  estab- 
Tork.  lish  an  office  in  such  bank  for  the  issue  and  transfer  of  certifi- 
cates of  any  stock  authorized  by  the  laws  of  this  state,  for  any 
loans  made  in  its  behalf  by  the  comptroller  or  the  said  com- 
missioners, and  to  allow  such  compensation  as  shall  be  reason- 
able for  conducting  the  said  business.  The  said  commissioners 
may  change  or  terminate  any  such  contract  and  make  other 
like  contract  with  any  bank  in  the  city  of  New  York. 

Responsi-  §  67.  (Same  c/i.,  §  2.)  The  bank  with  which  any  such  con- 
such  bank,  tract  shall  be  made  shall  be  responsible  to  the  people  of  this 
state  for  the  faithful  and  safe  conducting  the  business  of  the 
said  office,  for  the  fidelity  and  integrity  of  the  officers  and 
loss  or  damage  which  may  result  from  any  omission  to  dis- 
charge their  duties,  and  for  any  improper  or  incorrect  discharge 
of  those  duties. 

Transfers  §  68.  (Same  ch.,  §  3.)  All  certificates  of  stock  heretofore  or 
hereafter  issued  under  the  authority  of  this  state  for  any  loan 
made  in  its  behalf,  by  the  comptroller  or  the  said  commission- 
ers, shall  be  transferable  only  at  the  office  so  established, 


1  This  section  does  not  appear  in  any  of  the  later  editions  of  the  Revised 
Statutes.  It  may  be  modified  or  repealed  by  the  provisions  of  the  cousti 
tution  of  1846,  relating  to  the  funds  of  the  state. 


LOANS.  89 

according  to  the  regulations  which  shall  be  prescribed  by  the 
said  commissioners,  which  regulations  shall  be  obligatory  on 
all  persons  having  any  interest  in  such  certilicates. 

§  69.  (Same  ch.,  §  4.)  Certificates  of  stock  which  shall  be 
hereafter  issued  for  any  loan  authorized  in  behalf  of  the  peo- 
pie  of  this  state,  shall  be  prepared,  numbered,  signed  and 
issued  in  the  manner  provided  by  chapter  three  hundred  and 
twenty  of  the  laws  of  eighteen  hundred  and  thirty-one; 
except  that  the  same  may  be  in  any  sums  not  less  than  $100, 
as  the  commissioners  of  the  canal  fund  may  direct ;  but,  in 
addition  to  the  signature  of  the  comptroller  [or  auditor],  he 
shall  cause  such  certificate  to  be  sealed  with  his  seal  of  office, 
and  the  same  shall  be  countersigned  by  the  president  or  cashier 
of  the  bank  in  which  such  transfer  office  shall  be  established, 
who  shall  also  countersign  the  memorandum  in  the  margin 
of  the  book  from  which  any  certificate  shall  be  cut. 

§  70.  (Same  ch..  §  5.)     The  commissioners  of  the  canal  fund  Reguia- 

'  °       J  tions  of 

may  prescribe  such  further  and  other  regulations  as  they  may 
deem  necessary  to  guard  against  the  issue  or  transfer  of  any 
stock  without  authority,  and  for  the  keeping  and  rendering 
the  accounts  of  the  transaction  of  the  transfer  office,  and  for 
requiring  vouchers  of  all  transfers  made ;  and  upon  the  ren- 
dering of  such  accounts  and  vouchers,  to  furnish  the  bank 
with  which  such  contract  shall  be  made  proper  evidence 
thereof ;  and  they,  or  any  one  of  them,  or  any  person  deputed 
by  them  for  that  purpose,  may,  during  the  usual  hours  of 
business,  inspect  the  books,  papers  and  accounts  in  the  said 
office. 

§  71.  (Same  ch.,  §  6.)     Any  person,  firm   or  company,  or  Persons 
any  number  of  persons,  firms,  or  companies,  holding  or  intend-  signaled  to 
ing  to  hold  and  own  any  certificate  of  stock  heretofore  or  here-  £Tanvfer  ot 
after  issued   under  the   authority  of   this  state,  may,  by  an 
instrument  in  writing  signed  by  them  and  duly  acknowledged 
or  proved,  in  the  manner  required  by  law  to  entitle  any  con- 
veyance of  land  to  be  recorded,  designate  and  depute  the  per- 
son or  persons  who  shall  execute  powers  of  attorney,  authoriz- 
ing the   transfer  of   any  such   certificates  of   stocks,  then  or 
thereafter  to  be  held  and  owned  by  such  person  or  persons, 
firm  or  firms ;  and  may,  in   like   manner,  modify  or  revoke 
such  instrument ;  and  all  transfers  of  such  certificates  of  stock 

made  pursuant  to  powers  of  attorney,  executed  by  the  person 
12 


90  OF  THE  CANAL  FUND. 

so  designated,  shall  be  valid  and  effectual  to  pass  the  interest 
of  all  the  parties  who  executed  such  instrument,  in  any  cer- 
tificates of  stocks  of  which  the  said  parties  shall  be  or  shall 
thereafter  become  the  legal  owners,  until  such  instrument  of 
modification  or  revocation,  duly  acknowledged  or  proved  in 
manner  aforesaid,  shall  be  served  at  the  transfer  office,  estab- 
lished under  this  act. 

Son  not"        §  ^'  (®ame  ch">  §7.)     If  any  such  certificate  of  stock  shall 
byvdekath     ^e  neld  °y  any  firm  or  company  in  hypothecation,  pledge  or 
drawafof    Deposit,  or  m  trust  f°r  tne  benefit  of  others,  and  the  purpose 
fl?m.°f  a      °*  hiding  the  same  shall  be  expressed  in  the  instrument  desig- 
nating persons  to  authorize  the  transfer  of  the  said  certificates, 
such  instrument  shall  not  be  deemed  revoked  by  the  death  or 
withdrawal  from  such  firm  of  any  member  thereof,  so  long  as 
such  firm  or  company  shall  continue  to  exist. 

Reguia-  §  73.  (Same  ch.,  §  8.)  Powers  of  attorney  to  transfer  any 
issues  and  certificates  of  stock,  acknowledged  or  proved  before  any  officer 
authorized  to  take  the  proof  of  conveyances  of  land  in  this 
state,  in  the  manner  required  to  entitle  such  conveyance  to  be 
recorded,  or  acknowledged  by  a  resident  of  any  foreign  country 
before  a  public  notary  of  such  country,  by  the  party  holding 
such  certificate,  or  his  agent,  empowered  or  designated  for  that 
purpose,  shall  authorize  the  transfer  of  such  stocks,  subject  to 
the  regulations  that  may  be  prescribed  as  hereinbefore  provided. 

Certifl-  §  74.  (Same  ch.,  §  9.)     When  it  shall  satisfactorily  appear  on 

ontcs  lost)      _  t  ~  ,,  _    _  i    f»        1     i 

maybe  re-  due  proot  to  the  commissioners  of  the  canal  fund  that  any  cer- 
newed. 

tificate  of  stock  issued  for  any  loan  made  in  behalf  of  this 
state,  has  been  lost  or  casually  destroyed,  they  may  authorize 
the  issuing  to  the  lawful  owner  of  such  stock  a  new  certificate 
corresponding  in  date,  numbers  and  amount  with  the  certifi- 
cate so  lost  or  destroyed,  but  expressing  on  its  face  that  the 
same  is  a  renewed  certificate  ;  but  no  such  renewed  certificate 
shall  be  issued  until  good  security  be  given  to  satisfy  the  lawful 
claim  of  any  person  or  persons  to  the  said  original  certificate, 
or  to  any  interest  therein.  The  proofs  on  which  such  renewed 
certificates  are  issued  shall  be  filed  with  the  clerk  of  the  said 
commissioners,  and  they  shall  report  annually  to  the  legislature 
the  number  and  amount  of  the  renewed  certificates  so  issued.1 

1 1857,  ch.  721,  makes  a  similar  provision  for  the  issue  of  new  certificates 
by  the  comptroller  of  stocks  or  bonds  issued  by  him  on  account  of  the  gen- 


LOANS.  91 

§  75.  (Same  ch.,  §  10.)     In  case  of  the  death  of  any  person  TO  whom 
in  any  other  state  or  foreign  country,  who  at  the  time  of  such  to  be 

issued  In 

death  was  the  lawful  owner  of  any  certificate  of  stock  issued  case  of 
for  any  loan  made  in  behalf  of  this  state,  if  it  shall  appear  by  foreign 

v  '  A  \.  *f       j-vnrnai. 


owner. 


the  decision  of  any  tribunal  of  competent  jurisdiction  in  the 

country  of  which  such  person  was  a  resident  at  the  time  of  his 

death,  that  such  certificate  has  been  devised  to  any  person  or 

persons,  or  that  any  relative  of  such  deceased  person  has,  by 

the  law  of  such  country,  succeeded  to  his  right  and  interest  in 

such  certificate,  the  commissioners  of  the  canal  fund  may,  in 

their  discretion,  authorize  the  issuing  of  new  certificates  of  stock 

to  the  person  or  persons  so  entitled,  on  the  delivery  to  them 

of  the  original  certificates,  and  on  security  being  given,  if  they 

shall  require  the  same,  to  satisfy  the  lawful  claim  of  any  person 

or  persons  to  the  said  original  certificate  or  any  interest  therein. 

The  death  of  the  grantor  of  any  power  of  attorney  in  any  other  Powers  of 

state  or  country  shall  not  be  deemed  a  revocation  of  such  power  °°£™j~b 

as  against  any  bona  fide  assignee  of  such  stock  until  actual  $fan:01ti1J!nr 

notice  of  such  death. 

§  76.  (Same  cfi.,  §11.)     Where  letters  testamentary  shall  certm- 

*  cates  when 

have  been  granted  on  the  personal  estate  of  any  person  who,  ^*?e  issu-^ 
at  the  time  of  his  death  was  a  resident  of  any  other  State  or  utors'  eto- 
foreign  country,  and  was  the  lawful  owner  of  any  such  certifi- 
cate of  stock,  by  the  competent  tribunal  of  the  country  in 
which  such  person  died,  or  where  judicial  evidence  of  the 
appointment  by  any  such  person  of  an  executor  of  his  per- 
sonal estate,  or  of  the  appointment  of  any  person  having,  by 
the  laws  of  such  country,  the  right  to  take  possession  of  such 
personal  estate  shall  be  given  to  the  commissioners  of  the 
canal  fund,  they  may  authorize  the  issuing  of  new  certificates 
of  stock  to  such  executor  or  person  in  place  of  such  original 
certificate  upon  the  surrender  to  them  of  such  original  certifi- 
cate ;  and  on  such  security  being  given  to  them  as  they  may 
require  to  satisfy  the  lawful  claim  of  any  other  person  or  per- 
sons to  the  said  original  certificate,  or  to  any  interest  therein. 


§  77.  (1854,  cli.  329,  8  1.)     The  commissioners  of  the  canal       . 

,  ,  April  15, 

fund  shall  borrow,  on  the  credit  of  this  state,  in  such  amounts,  1854- 

era!  fund,  state  debt,  or  temporary  loan  to  the  treasury,  that  have  been  lost 
or  casually  destroyed.  1857,  ch.  783,  directs  that  the  auditor  shall  sign  all 
certificates  of  canal  stocks,  instead  of  the  comptroller.  Ante,  ^  55. 


92  OF  THE  CANAL  FUND. 

from  time  to  time,  as  shall  be  required  to  pay  the  expenses 
t^iat  may  ^e  incurred  under  the  provisions  of  this  act,  a  sum 
mentge"  no*  exceeding,  in  the  whole,  two  millions  two  hundred  and 
fifty  thousand  dollars,  payable  at  such  time  or  times  as  they 
may  prescribe  within  eighteen  years  from  the  time  of  such 
loan,  at  a  rate  of  interest  not  exceeding  six  per  cent  per 
annum,  payable  quarterly,  on  such  days  and  at  such  places  as 
the  said  commissioners  shall  direct.  All  the  existing  pro- 
visions of  law  in  relation  to  loans  of  money  for  this  state  by 
the  commissioners  of  the  canal  fund,  and  in  relation  to  certifi- 
cates of  stock  issued  under  the  direction  of  the  said  commis- 
sioners, shall  apply  to  the  loan  hereby  authorized  and  to  the 
certificates  therefor  issued  by  the  said  commissioners. 

$2,250,000  §  78.  (Same  ch.,  §  2.)  The  sum  of  two  millions  two  hun- 
priated  dred  and  fifty  thousand  dollars  is  hereby  appropriated,  payable 
largement.  out  of  the  remainder  of  the  surplus  revenues  of  the  canals,  if 
there  be  any,  that  shall  accrue  during  the  present  fiscal  year 
after  paying  the  expenses  of  collection,  superintendence  and 
repairs  of  canals,  and  the  sums  directed  to  be  appropriated  by 
the  first  and  second  sections  of  the  seventh  article  of  the  con- 
stitution, and  the  sums  hereinafter  appropriated  to  pay  the 
interest  and  to  constitute  a  sinking  fund  to  extinguish  the 
principal  of  the  loans  made  under  this  act,  and  the  sum  of 
two  hundred  thousand  dollars  to  defray  the  necessary  expen- 
ses of  government,  and  out  of  the  moneys  to  be  borrowed, 
pursuant  to  the  first  section  of  this  act,  to  be  applied  to  the 
enlargement  of  the  Erie,  the  Oswego,  and  the  Cayuga  and 
Seneca  canals,  and  in  the  completion  (upon  the  dimensions 
heretofore  adopted)  of  the  Genesee  Valley  and  Black  River 
canals,  and  for  the  enlargement  of  such  of  the  locks  of  the 
Champlain  canal  to  the  size  of  the  present  locks  of  the 
enlarged  Erie  canal  as  the  canal  board  shall  determine  to  be 
so  dilapidated  or  decayed  as  to  render  it  necessary  to  rebuild 
them  during  the  current  year. 

$1,500,000  §  79.  (Same  cA.,  §  3.)  The  said  commissioners  of  the  canal 
fund  shall  also  borrow,  on  the  credit  of  this  state,  the  sum  of 
one  million  and  five  hundred  thousand  dollars,  payable  at  any 
time  they  may  prescribe  within  eighteen  years  from  the  time 
of  such  loan,  at  a  rate  of  interest  not  exceeding  six  per  cent 
per  annum,  payable  quarterly,  on  such  days  and  at  such  places 
as  the  said  commissioners  shall  direct.  All  the  existing  pro- 


LOANS.  9£ 

visions  of  law  in  relation  to  loans  of  money  for  the  state  by 
the  commissioners  of  the  canal  fund,  and  in  relation  to  certifi- 
cates of  stock  issued  under  the  direction  of  the  said  commis- 
sioners, shall  apply  to  the  loan  hereby  authorized  and  to  the 
certificates  therefor  issued  by  the  said  commissioners. 

4  80.  (Same  ch..  §  4:.}     The  money  borrowed  under  the  last  $1,500,000 

0       '  '«  appropria- 

preceding  section  of  this  act  is  hereby  appropriated  to  refund  Jedl°tre~ 
to  the  holders  of  the  canal  revenue  certificates,  issued  under  holders  of 

canal  reve- 

the  provisions  of  chapter  four  hundred  and  eighty-five  of  the  cates^114" 
laws  of  the  year  eighteen  hundred  and  fifty-one,  the  amount 
received  into  the  treasury  thereon ;  but  no  interest  to  accrue 
after  the  first  day  of  July,  eighteen  hundred  and  fifty-five, 
shall  be  paid  on  such  certificates. 

§  81.  (Same  ch..  §  5.)     After  paying  the  expenses  of  collec-  Appropria- 

v  .        .    T  ,  tlon  *or 

tion,  superintendence  and  repairs  of  the  canals,  and  the  sums  interest. 

directed  to  be  appropriated  by  the  first  and  second  sections  of 
article  seventh  of  the  constitution,  there  is  hereby  appropria- 
ted, to  be  paid  out  of  the  surplus  revenues  of  the  canals  which 
shall  accrue  during  the  present  fiscal  year,  the  sum  of  one 
hundred  and  twelve  thousand  five  hundred  dollars,  or  so  much 
thereof  as  shall  be  necessary  to  pay  the  interest  of  the  current 
year  on  the  debt  that  shall  be  contracted  pursuant  to  the  pro- 
visions of  this  act,  and  the  sum  of  one  hundred  and  fifty-five  For  sink- 
thousand  eight  hundred  and  twenty  dollars  and  thirty-seven 
cents,  to  constitute  a  sinking  fund  to  extinguish  the  principal 
of  the  said  debt,  which  last-mentioned  sum,  and  the  interest 
thereon  as  received,  shall  be  invested  by  the  commissioners  of 
the  canal  fund  in  the  manner  provided  by  law  in  respect  to 
the  investment  of  the  surplus  revenues  of  the  canal  fund. 

§  82.  (Same  ch.,  §  6.)  The  premium  received  on  any  loans  premiums 
made  by  the  commissioners  of  the  canal  fund  for  the  comple-  °' 
tion  of  the  canals,  pursuant  to  the  recent  amendment  of  the 
constitution  provided  therefor,  shall  be  invested,  and  the  inter- 
e.st  on  such  investments  shall  also  be  invested,  by  the  com- 
missioners of  the  canal  fund,  in  the  manner  now  provided  by 
law  in  respect  to  the  surplus  revenue  of  the  canal  fund,  and 
shall  be  applied  at  the  expiration  of  four  years  from  the  pas- 
sage of  this  act  to  the  completion  of  the  canals  of  this  state, 
in  case  the  appropriations  authorized  by  the  said  amendment 
should  be  insufficient  for  that  purpose. 


04:  OF  THE  CANAL  FUND. 

Moneyed        §  83.  (Same  ch.,  §  13.)     Any  moneyed  corporation,  and  any 

tionsand    association  formed  under  the  "act  to  authorize  the  business 

may  loan    of  banking,"  and  any  individual  banker,  may  loan  to  the  state 

any  of  the  moneys  herein  authorized  to  be  borrowed,  and  may 

purchase,  hold  and  dispose  of  any  certificates  of  the  stock 

issued  by  the  commissioners  of  the  canal  fund  for  any  part  of 

such  loan ;  and  the  sum  £o  loaned,  and  the  stock  so  purchased, 

shall  not,  in  respect  to  any  limitation  imposed  by  law,  be 

deemed  a  violation  thereof.1 

Act  of  §  84.  (1855,  ch.  23,  §  1.)     The  commissioners  of  the  canal 

19, 1855.       fund  shall  borrow,  on  the  credit  of  this  state,  in  such  amounts, 
May  bor-    from  time  to  time,  as  may  be  deemed  necessary  to  pay  the 
neces"ts     appropriations  made  by  chapter  three  hundred  and  thirty  of 
carryout    tne  ^aws  °^  eighteen  hundred  and  fifty-four,  for  the  enlarge- 
of  1854330'    ment  of  the  Erie,  the  Oswego,  the  Cayuga  and  Seneca  canals, 
and  to  the  completion  of  the  Black  River  and  Genesee  Valley 
canals,  and  for  the  enlargement  of   such  of  the  locks  of  the 
Champlain   canal  to  the   size  of  the  present  locks  of  the 
enlarged  Erie  canal,  as  the  canal  board  shall  determine  to  be 
Not  to  ex-  necessary  to  rebuild  from  dilapidation  or  decay,  a  sum  not 
250,000.  '     exceeding  in  the  whole  two  million  two  hundred  and  fifty 
thousand  dollars,   payable   at   such  time   or  times    as  they 
may   prescribe,   within    eighteen    years    from    the   time   of 
such  loan,  at  a  rate  of  interest  not  exceeding  six  per  cent 
per   annum,   payable   quarterly  on   such   days   and   at   such 
places  as  the  said  commissioners  shall  direct.     All  the  existing 
provisions  of  law  in  relation  to  loans  of  money  for  this  state, 
by  the  commissioners  of  the  canal  fund,  and  in  relation  to  cer- 
tificates of  stock  issued  under  the  direction  of  the  said  com. 
missioners,  shall  apply  to  the  loan  hereby  authorized,  and  to 
the  certificates  therefor  issued  by  the  said  commissioners. 

Act  of  §  85.  (1855,  ch.  528,   §  3.)     *     *     *     The  commissioners 

im111**     of  the  canal  fund  shall  borrow  on  the  credit  of  the-  state, 
May*2°25o    during    the    fiscal    year    commencing    on    the  first    day   of 
300  for  en-  October,  1855,  to  pay  the  appropriations  made  by  the  sec- 
ond section  of  this  act,  a  sum  not  exceeding  in  the  whole 
two  million  two  hundred  and  fifty  thousand  dollars,  payable 
at  such   time  or  times  as  they  may  prescribe,  within  eighteen 


1  Laws  of  1837,  ch.  -360,  permitted  state  banks  to  subscribe  to  loans  for 
certain  lateral  canals. 


LOANS.  95 

years  from  the  time  of  such  loan,  at  a  rate  of  interest  not  ex- 
ceeding six  per  cent  per  annum,  payable  quarterly  on  such. 
days  and  at  such  places  as  the  canal  commissioners  shall  direct. 
All  the  existing  provisions  of  law,  in  relation  to  loans  of  money 
for  this  state  by  the  commissioners  of  the  canal  fund,  and  in 
relation  to  certificates  of  stock  issued  under  the  direction  of 
the  said  commissioners,  shall  apply  to  the  loan  hereby  author- 
ized, and  to  the  certificates  therefor  issued  by  the  said  com- 
missioners. 

§  86.  (1856,  ch.  148,  §  3.)  The  commissioners  of  the  canal  Act  of 
fund  shall  borrow  on  the  credit  of  the  state,  during  the  fiscal  isse. 
year  commencing  on  the  first  day  of  October,  1856,  to  wv&j 
pay  the  appropriations  made  in  the  second  section  of  this 
act,  a  sum  not  exceeding,  in  the  whole,  two  million  two 
hundred  and  fifty  thousand  dollars,  payable  at  such  time 
or  times  as  they  may  prescribe,  within  eighteen  years  from  the 
time  of  such  loan,  at  a  rate  of  interest  not  exceeding  six  per 
cent  per  annum,  payable  quarterly,  on  such  days  and  at  such 
places  as  the  said  commissioners  shall  direct.  All  the  existing 
provisions  of  law,  in  relation  to  loans  of  money  for  this  state 
by  the  commissioners  of  the  canal  fund,  and  in  relation  to  cer- 
tificates of  stock  issued  under  the  direction  of  the  said  com- 
missioners, shall  apply  to  the  loan  hereby  authorized,  and  to 
the  certificates  therefor  issued  by  the  said  commissioners.1 

§  87.  (1859,  ch.  271,  §  1.)     The  commissioners  of  the  canal  Act  of 
fund  are  hereby  authorized  to  borrow  on  the  credit  of  the  state  1^9. 
two  million  five  hundred  thousand  dollars,  at  a  rate  not  exceed-  ££w  bor" 
ing  six  per  cent  per  annum,  and  re-imbursable  at  such  periods  ^2'500'000- 
as  shall  be  determined  by  the  said  commissioners,  not  exceeding 

eighteen  years  from  the  time  of  making  such  loan.     All  the  Floating 

•  •  f  i  i  <.-  i  j     v  •    -  debt  loas 

provisions  ot  law  in  relation  to  loans  made  by  commissioners 

of  the  canal  fund,  and  the  issue  and  transfer  of  certificates  of 
stock,  shall  apply  to  loans  authorized  by  this  act,  so  far  as  the 
same  are  applicable. 

§  88.  (Same  ch.,  §  2.)     The  moneys  realized  by  such  loan 
shall  be  applied  exclusively  to  the  payment  of  claims  against  Plied 
the  state  not  otherwise  provided  for,  for  work  done  on  the 
canals  of  the  state,  and  for  private  property  appropriated  by 


1  Ch.  363,  Laws  of  1857,  provided  for  a  loan  tinder  ch.  228,  of  1849  (ante, 
|  64),  of  five  hundred  thousand  dollars,  payable  in  not  exceeding  eight  years. 


OF  THE  CANAL  FUND. 


Appro- 
priation. 


Annual 
tax  im- 
posed and 
to  be 

levied  and 
collected. 


Duty  of 
comptrol- 
ler. 


Duty  of 
boards  of 
supervis- 
ors of 
counties. 


the  state  for  the  use  of  such  canals,  and  for  injury  to  private 
property  growing  out  of  the  construction  of  the  canals,  or  to 
the  payment  of  the  principal  arid  interest  of  such  loan,  and  for 
no  other  purpose  whatever. 

§  89.  (Same  ch.,  §  3.)  Two  million  five  hundred  thousand 
dollars  is  hereby  appropriated,  to  be  paid  out  of  the  treasury, 
on  the  warrant  of  the  auditor  of  the  canal  department,  from 
the  said  moneys,  within  two  years  from  the  time  when  this 
act  shall  take  effect,  for  the  payment  of  claims  against  the 
state,  specified  in  the  last  preceding  section,  and  for  the  pay- 
ment of  the  interest  on  the  loan  authorized  by  this  act,  which 
shall  become  payable  prior  to  the  receipt  into  the  treasury 
of  the  first  annual  tax,  hereinafter  directed  to  be  levied  and 
collected,  for  the  payment  of  the  interest  and  principal  of  the 
loans  authorized  by  this  act;  but  any  sum  applied  to  pay 
interest  as  aforesaid  may  be  refunded  out  of  the  proceeds  of 
the  said  taxes  when  received  into  the  treasury. 

§  90.  (Same  ch.,  §  4.)  An  annual  tax  is  hereby  imposed, 
and  shall  be  levied  and  collected  in  the  same  manner  as  other 
state  taxes  are  levied  and  collected,  sufficient  to  pay  the  inter- 
est and  redeem  the  principal  of  the  loan  hereby  authorized, 
within  eighteen  years  from  the  time  of  the  contracting  thereof. 
The  comptroller  shall  ascertain  and  determine  what  sum,  being 
applied  in  payment  of  principal  and  interest,  in  the  first  year 
after  the  tax  can  be  collected  as  aforesaid,  and  in  each  succeed 
ing  year  thereafter,  within  the  period  of  eighteen  years  from 
the  time  of  contracting  said  loan,  will  be  sufficient  to  pay  the 
interest  and  redeem  the  principal  of  said  loan  within  said  period 
of  eighteen  years ;  and  shall  in  each  year  apportion  the  sum  so 
required  among  the  several  counties  of  this  state,  according  to 
the  then  last  corrected  assessment  rolls  returned  to  his  office, 
and  shall  give  notice  of  such  apportionment  to  the  boards  of 
supervisors  of  the  respective  counties.  It  shall  be  the  duty  of 
the  boards  of  supervisors  of  the  respective  counties  to  cause  the 
amount  so  apportioned  in  each  year  to  be  levied,  collected  and 
paid  to  the  treasurer  of  this  state,  in  the  same  manner  as  other 
state  taxes.  The  money  collected  and  paid  into  the  treasury 
under  this  section  shall  constitute  a  sinking  fund  to  pay  the 
interest  and  redeem  the  principal  of  the  loan  contracted  pursu- 
ant to  this  act,  and  shall  be  sacredly  applied  to  that  purpose; 
and  if,  at  any  time,  the  sinking  fund  shall  be  insufficient  to 


LOANS.  97 

comply  with  the  requirements  of  this  section,  the  comptroller 
shall  increase  the  sum  thereafter  to  be  levied  and  collected  by 
tax  in  each  year,  so  as  to  make  the  fund  adequate  for  the  pur- 
pose aforesaid. 

§  91.  (Same  ch.,  §  5.)     The  fourth  section  of  this  act,  impos-  Sectioc  t 

7  °       '  r         may  be 

ing  a  tax,  may  be  repealed  whenever  the  revenues  of  the  canals,  geu1eealed- 
after  meeting  all  present  constitutional  charges  upon  them, 
shall  amount  to  enough  to  form  a  sinking  fund  sufficient  to  pay 
the  interest  and  redeem  the  principal  of  all  loans  within  the  tion' ante- 
eighteen  years  mentioned  in  the  first  section  of  this  act. 

§  92.  (Same  oh..  §  6.)     This  act  shall  be  submitted  to  the  TO  be  sub- 

0  v  7  o       /  mitted  to 

people  of  this  state,  at  the  next  general  election,  and  the  votes  people  at 

'  next  gen- 

given  for  its  adoption  shall  be  indorsed  "constitutional  loan," 

and  shall  be  in  the  following  form :  "  For  a  loan  of  two  mil- 
lion five  hundred  thousand  dollars  to  pay  the  floating  debt  of 
the  state,"  and  "  Against  a  loan  of  two  million  five  hundred 
thousand  dollars  to  pay  the  floating  debt  of  the  state."  The 
inspectors  of  the  several  election  districts  in  this  state  shall 
provide  a  separate  box  in  which  the  ballots  given  in  pursuance 
of  this  act  shall  be  deposited.  The  ballots  shall  be  canvassed 
and  returned,  and  the  result  shall  be  determined  and  certified 
in  the  same  manner  as  votes  given  for  the  office  of  governor 
of  this  state.  If  a  majority  of  the  votes  cast,  pursuant  to  this 
act,  shall  be  "  For  a  loan  of  two  million  five  hundred  thousand 
dollars  to  pay  the  floating  debt  of  the  state,"  then  the  pre- 
ceding sections  of  this  act  shall  take  effect ;  but  if  a  majority 
of  the  votes  so  cast  shall  be  "Against  a  loan  of  two  million 
five  hundred  thousand  dollars  to  pay  the  floating  debt  of  the 
state,"  then  the  said  sections  shall  not  take  effect,  but  shall  be 
inoperative.1 

1  STATE  OP  NEW  YORK,  ss : 

We,  the  secretary  of  state,  comptroller,  state  engineer  and  surveyor, 
treasurer  and  attorney-general  of  said  state,  having  formed  a  board  of  state 
canvassers,  and  having,  in  conformity  to  the  provisions  of  an  act  entitled 
"An  act  to  submit  to  the  people  a  law  authorizing  a  loan  of  two  million 
five  hundred  thousand  dollars,  to  provide  for  the  payment  of  the  floating 
debt  of  the  state,"  passed  April  13, 1859,  canvassed  and  estimated  the  whole 
number  of  votes  given  at  the  general  election,  held  on  the  8th  day  of 
November,  1859,  in  the  several  counties  in  said  state,  under  and  in  pursu- 
ance of  said  act,  as  appears  by  the  certified  statements  received  by  the  sec. 
retary  of  state,  in  the  manner  directed  by  law,  do  hereby  determine,  declare 
and  certify,  that  the  whole  number  of  votes  given  under  and  in  pursuance 
13 


98  OF  THE  CANAL  FUND. 

OF   COSTS    AND   LEGAL   PROCEEDINGS. 

Power  to        §  93.  (R.  /&,  §  10.)     The  commissioners  of  the  canal  fund 
tain  shall  have  power  to  allow  all  claims  for  moneys  paid  by  the 

claims.  /  . 

canal  commissioners,  or  any  one  of  them,  or  by  an  engineer 
or  agent  in  their  employment,  or  by  any  superintendent  or 
toll  collector,  for  judgments  recovered  against  them,  or  either 
of  them,  in  any  suit  instituted  for  any  act  done  by  them,  under 
the  canal  laws  of  this  state,  or  for  costs  and  expenses  incurred 
in  any  such  suit,  or  in  any  suit  instituted  by  them,  or  either 
of  them,  under  such  laws. 

Shan  e»-  §  94.  (R.  S.y  §  11.)  The  commissioners  of  the  canal  fund, 
before  they  shall  allow  any  such  claim,  shall  examine  into  the 
circumstances  under  which  such  costs  shall  have  been  incurred, 
or  judgments  recovered ;  and  shall  allow  such  claims,  or  such 
part  thereof  as  they  shall  deem  to  be  reasonable,  if  they  shall 


of  said  act  was  two  hundred  and  two  thousand  eight  hundred  and  twenty- 
four,  of  which  there  was  given  one  hundred  and  twenty-five  thousand  three 
hundred  and  seventy  having  thereon  the  words,  "  For  a  loan  of  two  million 
five  hundred  thousand  dollars  to  pay  the  floating  debt  of  the  state,"  and 
there  was  given  seventy-seven  thousand  four  hundred  and  sixty-six  votes 
having  thereon  the  words,  "Against  a  loan  of  two  million  five  hundred 
thousand  dollars  to  pay  the  floating  debt  of  the  state,"  and  that  a  majority 
of  said  votes  were  given  in  favor  of  "A  loan  of  two  million  five  hundred 
thousand  dollars  to  pay  the  floating  debt  of  the  state." 

Given  under  our  hands,  at  the  office  of  the  secretary  of  state  of  the  said 
state,  in  the  city  of  Albany,  this  16th  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-nine. 

GIDEON  J.  TUCKER, 

Secretary  of  State. 
S.  E.  CHURCH, 

Comptroller. 
I.  V.  VANDERPOEL, 

Treasurer. 
LTMAN  TREMAIN, 

Attorney-General. 
VAN  R.  RICHMOND, 

State  Engineer  and  Surveyor. 

Chapter  379,  Laws  of  1870,  authorizing  new  loans  to  extinguish  certain 
canal  and  general  fund  debts,  for  which  tolls  are  pledged,  was  submitted  to 
the  people  in  November,  1870,  and  a  majority  of  the  votes  cast  were 
"Against  the  act  to  create  a  state  debt."  Chapter  700  of  1872,  to  authorize 
loans  by  submitting  it  to  the  people,  and  chapter  734,  providing  for  a  tax 
decided  unconstitutional  by  court  of  appeals,  May  6,  1873.  For  laws  of 
1872,  legalizing  the  taxes  levied  and  bonds  issued  under  these  laws  of  1872 
see  §§  164  to  169,  and  note,  post. 


COSTS  AND  LEGAL  PROCEEDINGS.  99 

be  satisfied  that  such  commissioners,  or  other  officers  making 
such  claims,  have  been  subjected  to  such  costs,  expenses  or 
judgments,  while  acting  in  good  faith  in  the  discharge  of  their 
duty,  under  any  law  of  this  state. 

§  95.  (R.  S..  §  12.)     The  commissioners  of  the  canal  fund  TO  defend 

suits. 

shall  have  power,  in  their  discretion,  to  direct  the  attorney- 
general,  or  to  employ  other  counsel,  to  take  all  necessary  steps 
in  defending  the  interests  of  the  state  in  all  suits  and  proceed- 
ings before  the  supreme  court,  or  any  other  court,  which  may 
arise  under  the  laws  respecting  the  canals,  or  from  the  appraise- 
ment of  damages  thereon. 

§  96.  (1840,  ch.  288,  §  16.)    The  commissioners  of  the  canal  Certiorari 
fund,  or  the  canal  commissioners,  may,  in  their  discretion,  cause  brought 

* '  in  certain 

a  certiorari  to  be  brought  by  the  attorney-general,  in  behalf  of  cases, 
the  state,  from  the  determination  of  the  canal  appraisers  upon 
any  legal  or  constitutional  question,  to  the  supreme  court,  in 
cases  where  any  damages  have  been  or  shall  be  awarded  upon 
any  claim  for  the  deprivation  of  any  right  or  pretended  right, 
to  the  use  of  any  water  or  water  privileges,  or  fisheries,  or  for 
the  temporary  use  or  diversion  of  any  water  by  the  canal  com- 
missioners. 

§  97.  (Same  ch.,  §  IT;  modified  1847,  ch.  280,  §  10,  and  pooeed- 
Code,  §§  11,457.)  Such  certiorari  shall  be  brought  within  the 
time  prescribed  by  law,  in  reference  to  appeals  in  similar  cases, 
to  the  canal  board,  and  the  appraisers  shall  make  a  return  in 
writing  to  the  supreme  court,  within  the  time,  and  containing 
the  same  matters  as  required  in  cases  of  such  appeals ;  and  the 
supreme  court  shall  determine  such  certiorari  on  such  returns 
only,  or  upon  such  further  returns  as  the  said  court  may  re- 
quire, and  may  set  aside  said  appraisal  for  want  of  jurisdiction 
in  the  appraisers,  or  for  any  error  committed  by  them  in  such 
determination,  except  as  to  the  amount  of  damages  awarded, 
and  may  award  costs  in  their  discretion  ;  and  any  party  inter- 
ested, may  bring  an  [appeal]  on  the  judgment  of  the  supreme 
court  on  such  certiorari,  to  the  court  [of  appeals]. 

§  98.  (Same  ch.,  %  18.)     Such  certiorari,  or  any  judgment  Certiorari 

/    J  not  to  pre- 

thereon,  shall  not  prevent  an  appeal,  as  now  provided  by  law,  vent 
to  the  canal  board,  in  respect  to  the  amount  of  any  damages 
awarded  by  the  canal  appraisers. 


100  OF  THE  CANAL  FUND. 

People  to  §99.  (1858,  ch.  37,  §  1.)  Any  civil  action  or  proceeding,  in 
prefer-  which  the  people  of  this  state  are  a  party,  and  when  the  attor- 

ence  in 

courts  of     ney-general  shall  be  the  attorney  of  record,  shall  have  a  prefer- 

this  state.          J  °.  J 

ence  in  all  the  courts  01  this  state,  and  may  be  moved  on  the 
part  of  the  people,  out  of  its  order  on  the  calendar ;  but  such 
preference  shall  not  be  had,  unless  the  attorney  for  the  state 
shall  give  notice,  'at  the  time  of  the  service  of  notice  of  trial 
or  argument,  of  the  day  on  which  he  shall  move  the  trial  or 
hearing  of  the  action ;  and  in  case  the  same  shall  not  be  moved 
by  the  attorney  for  the  state  on  such  day,  the  defendants  shall 
have  the  right  to  move  the  trial  or  argument  of  the  action,  and 
the  trial  or  argument  shall  not  be  moved  out  of  its  order  on 
any  other  day  than  the  day  specitied  in  such  notice,  unless  the 
court  shall  otherwise  direct. 

Appeal  §  100.  (Same  ch.,  §  2 ;  amended  1861,  ch.  288,  §  2.)     An  ap- 

brought  peal  may  be  brought  by  the  people  of  this  state,  or  any  state 
people  officer  or  board  of  state  officers,  from  any  judgment  or  order 

without  *    J 

security,  against  them  in  any  court,  without  any  undertaking  or  security 
whatever,  and  such  appeals  now  pending,  or  that  shall  hereafter 
be  brought,  shall  operate  as  a  stay  of  proceedings  on  the  judg- 
ment or  order  appealed  from. 

such  ap-         §  101.  (Code.  §  13  ;  amended  1863,  oh.  392.)    And  whenever, 

peal  to          .     «»  \  i  j 

have  pref-  in  any  action  or  proceeding  in  which  the  people  of  this  state 

erence.  *  r      l 

or  any  state  officer,  or  any  board  of  state  officers,  is  or  are  sole 
plaintiff'  or  defendant,  an  appeal  has  been  or  shall  be  brought 
from  any  judgment  or  order  for  or  against  him  or  them,  in  any 
court,  such  appeal  shall  have  preference  in  the  supreme  court 
and  in  the  court  of  appeals,  and  may  be  moved  by  either  party 
out  of  the  order  on  the  calendar. 

NO  in-  §  102.  (1851,  ch.  488,  §  1.)     Whenever  any  duty  shall  be 

devolved  by  law  of  this  state  upon  any  state  officer  or  board 

cept  in        of  officers,  no  injunction  shall  be  issued  to  restrain  such  officer 

thedis-  J 

trictwnere  or  board,  or  any  person  employed  by  them,  or  to  prevent  the 
duty  is  execution  of  any  such  law,  unless  the  same  be  granted  by  the 

located.  * 

supreme  court  sitting  in  the  district  in  which  such  board  shall 
'    be  located,  or  such  duty  shall  be  required  to  be  performed  at  a 
general  term  of  said  court. 

Governor  §  103.  (Same  ch.,  §  2.)  Before  hearing  any  application  for 
point  ^  an  injunction  in  the  cases  specified  in  the  preceding  section,  at 
when  least  eight  days'  notice  of  the  time  and  place  of  such  hearing 


CHARGES  ON.  101 

shall  be  served  on  the  officer,  board,  or  person  against  whom  attorney- 
the  application  shall  be  made ;  and  in  case  of  the  inability  or  unatfie  to 
omission  of  the  attorney-general  to  appear  and  defend  such  a] 
officer,  board,  or  person,  the  governor  may  employ  counsel  to 
perform  such  duty  in  place   of  the  attorney-general,  and  to 
institute  any  appeal  or  other  necessary  proceeding,  who  shall 
have  the  control  of  such  defense  or  proceeding,  and  the  gov 
ernor  may  in  his  discretion  employ  counsel  to  assist  the  attorney- 
general  in  defending  such  officer,  board,  person  or  proceeding. 

§  104.  (R.  S.t  part  3,  ch.  8,  tit.  17,  §  13.)     Every  suit  or  pro-  Suits  insti- 
ceeding  in  a  civil  case,  instituted  in  the  name  of  the  people  of  name  of 
this  state,  by  any  public  officer  duly  authorized  for  that  pur-  be°go\-  ° 
pose,  shall  be  subject  to  all  the  provisions  of  law  respecting  same  law 
similar  suits  or  proceedings,  when  instituted  by  or  in  the  name  brought  in 
of  any  citizen,  except  where  provision  is  or  shall  be  otherwise  citizen, 
expressly  made  by  statute ;  and  in  all  such  suits  and  proceed- 
ings the  people  of  this  state  shall  be  liable  to  be  nonsuited, 
and   to   have  judgments  of  non  pros,  or   of  discontinuance 
entered  against  them,  in  the  same  cases,  in  like  manner  and 
with  the  same  effect  as  in  suits  brought  by  citizens,  except  that 
no  execution  shall  issue  thereon. 


CHARGES    ON   CANAL   FUND. 

§  105.  (R.  S.,  §  13,  modified  1848,  ch.  162.)  All  moneys  charges  on 
expended  in  the  construction,  reparation  or  improvement  of  the  fUud.dna 
canals  now  authorized  by  law,  or  allowed  or  expended  by  the 
commissioners  of  the  canal  fund  under  this  title ;  or  expended 
by  the  commissioners  of  the  canal  fund,  the  canal  commission- 
ers, or  other  officers  or  agents  employed  on  such  canals,  pursuant 
to  any  law  of  this  state ;  together  with  the  compensation  to 
such  officers  respectively  (including  the  salaries  of  the  canal 
commissioners),  shall  be  charged  to  the  canal  fund ;  and  the 
[auditor]  shall  also  charge  to  the  canal  fund,  from  time  to  time, 
so  much  for  the  services  of  the  clerks  in  his  office,  devoted  to 
the  accounts  and  revenues  of  the  canals,  as  in  his  opinion  shall 
be  just  and  proper. 

§  106.  (184-1,  ch.  238,  §  1.)     Any  deficiencies  in  the  revenues  Deflcien- 

cics  in 

of  the  lateral  canals  to  pav  the  interest  upon  the  stocks  issued  revenues 

,"  .  of  lateral 

on  account  of  such  canals  respectively,  and  the  expenses  of  £ai?al9 

superintendence  and  repair  thereof,  now  by  law  chargeable  to 

the  general  fund,  shall  hereafter  be  paid  and  provided  for  by  Plaln- 


102 


OF  THE  CANAL  FUND. 


Compen- 
sation and 
expenses 
of  canal 
appraisers 
to  be  paid 
from  rev- 
enues. 


Do.  re- 
turns to 
appeals. 


Canal  de- 
partment. 


the  commissioners  of  the  canal  fund  from  the  surplus  revenues 
of  the  Erie  and  Champlain  canals,  which  may  remain  after 
paying  the  expenses  of  repairs  and  superintendence  of  those 
canals,  and  the  interest  upon  the  stock  issued  for  the  enlarge- 
ment.1 

§  107.  (Same  oh.,  §  2,  modified  1848,  ch.  162.)  The  com- 
pensation provided  by  law  to  canal  appraisers,  the  expense  of 
their  clerk  hire,  of  postage,  of  recording  transcripts,  of  the 
entry  of  their  decisions,  and  any  other  expense  necessarily 
incurred  by  them,  shall  hereafter  be  paid  by  the  [auditor]  out 
of  the  canal  revenues,  and  shall  be  charged  to  the  several  canals 
on  whose  account  such  expenses  shall  be  incurred. 

§  108.  (Same  ch.,  §  3,  modified  1848,  ch.  162.)  The  com- 
missioners of  the  canal  fund  may  allow  [and  the  auditor]  pay 
out  of  the  canal  revenues,  to  any  person  who  may  have  been 
a  canal  appraiser,  a  reasonable  compensation  for  making  returns 
to  appeals  after  he  shall  have  ceased  to  hold  such  office. 

OF   THE   CANAL   DEPARTMENT. 

§  109.  (1841,  ch.  218,  §  1,  modified  1848,  ch.  162.)  All  busi- 
ness relating  to  the  canals  of  this  state,  and  improvements 
connected  therewith,  required  to  be  performed  by  the  commis- 
sioners of  the  canal  fund,  the  canal  board  and  the  [auditor], 
shall  be  transacted  in  rooms  appropriated  for  that  purpose  in 
the  state  hall,  to  be  denominated  the  canal  department.  *  ' 

1  For  previous  legislation  upon  deficiencies  of  revenues  on  lateral  canals, 
see  1830,  ch.  288  —  1833,  ch.  316  —  1835,  ch.  202  —  1836,  ch.  157. 

*  The  conclusion  of  this  section  was  as  follows  :  "  And  the  chief  clerk  now 
authorized  to  be  appointed  by  the  commissioners  of  the  canal  fund,  pur- 
suant to  the  act  passed  May  13, 1840,  shall  be  known  and  recognized  in  law 
as  chief  clerk  of  said  department." 

Chapter  288  of  Laws  of  1840,  passed  May  13,  contained  the  folloAving 
provision  for  the  appointment  of  the  chief  clerk  : 

"  §  12.  The  commissioners  of  the  canal  fund  shall  appoint  a  chief  clerk, 
and  such  other  clerks  as  may  be  necessary.  The  chief  clerk  shall  also  be 
clerk  of  the  canal  board,  and  shall  receive  the  compensation,  possess  all 
the  powers  and  perform  all  the  duties  of  the  second  deputy  comptroller  as 
now  provided  by  law;  and  the  said  office  of  second  deputy  comptroller  is 
hereby  abolished.  The  commissioners  may  allow  and  pay  to  the  clerks 
employed  by  them  a  compensation  not  exceeding  three  thousand  dollars 
annually,  which,  with  the  salary  of  the  chief  clerk,  shall  be  paid  monthly  out 
of  the  canal  fund ;  and  the  names  of  the  clerks  employed  and  the  sums  paid 
to  each  shall  be  annually  reported  by  the  commissioners  to  the  legislature.* 

All  the  powers  and  duties  conferred  by  this  section  upon  the  commission 


THE  AUDITOR.  103 

OF   THE   AUDITOR. 

§  110.  (1848,  ch.  162,  §  1,  amended  ly  1857,  oh.  783,  §  1.) 
There  shall  be  an  auditor  of  the  canal  department,  *  *  •* 
and  the  said  office  of  chief  clerk  of  the  canal  department  is 
hereby  abolished. 

§  111.  (Same  ch.,  §  2.)  All  the  powers  and  duties  of  chief  Powers 
clerk  of  the  canal  department,  and  all  the  powers  and  duties 
of  the  comptroller  in  relation  to  the  canals,  except  his  powers 
and  duties  as  commissioner  of  the  canal  fund,  are  hereby  trans- 
ferred to,  and  vested  in  the  said  auditor ;  and  the  said  auditor 
shall  also  be  secretary  of  the  commissioners  of  the  canal  fund, 
and  of  the  canal  board. 

§  112.  (Same  ch.,  §  3.)  The  commissioners  of  the  canal  fund  Seaitobe 
shall  devise  and  procure  a  suitable  seal  for  the  said  auditor,  of  and  pro- 
which  he  shall  have  the  custody,  and  a  description  thereof  shall 
be  recorded  in  the  office  of  the  secretary  of  state,  and  remain 
of  record,  the  expense  of  which  shall  be  paid  out  of  the  canal 
fund. 

§  113.  (Same  ch.,  §  4.)  All  books  and  papers  pertaining  to  Books 
the  duties  of  said  auditor,  or  to  the  duties  of  the  commissioners  papers, 
of  the  canal  fund,  or  of  the  canal  board,  shall  be  deposited  in  bedeposit- 
the  canal  department,  and  be  securely  and  safely  kept  by  said 
auditor. 

§  114.  (Same  ch.,  §  5.)  Copies  of  books  or  papers  mentioned  copies  to 
in  the  preceding   section,  and  transcripts  from  the   minutes  dence? 
of  the  proceedings  of  the  commissioners  of  the  canal  fund,  and 
of  the  canal  board,  certified  by  the  said  auditor  under  his  offi- 
cial seal,  shall  be  evidence  equally  and  in  like  manner  as  the 
original. 

§  115.  (Same  ch.,  §  6.)  The  power  now  given  by  law  to  the  Auditor  to 
commissioners  of  the  canal  fund,  to  employ  and  pay  the  neces-  J^Pp0^ 
sary  clerks  in  the  canal  department,  is  hereby  vested  in  the  clerk8- 

ers  of  the  canal  fund  to  appoint,  pay  and  report  the  names  of  clerks,  and 
upon  the  chief  clerk  of  the  canal  department,  by  this  and  subsequent  acts 
of  1848,  were  transferred  to  the  "  auditor "  of  the  canal  department  by 
chapter  163  of  1848.  printed  next  above.  The  remaining  sections  of  chapter 
218  of  1841  relate  to  the  examination  of  accounts  of  certain  stute  officers, 
including  the  accounts  of  the  treasurer,  the  commissioners  of  the  canal  fund, 
the  canal  commissioners,  superintendents,  collectors,  and  other  accounts 
kept  in  the  canal  department. 


104  OF  THE  CANAL  FUND. 

said  auditor  ;  and  the  names  of  the  clerks  employed,  and  the 
sums  paid  to  each,  and  the  length  of  time  he  was  employed, 
shall  be  annually  reported  by  the  auditor  to  the  legislature  at 
the  commencement  of  its  session. 

statement       §  116.  (Same  ch.,  §  7.)  The  statement  of  the  tolls  collected 

of  tolls  TI     i  i£i 

collected,    upon  all  the  canals  or  the  state  durino*  each  season  of  naviga- 

etc.,  to  be      .  . 

reported     tion,  which  by  section  twenty-seven,  of  chapter  three  hundred 

auditor  an(^  twentJ>  °f  tne  laws  °f  eighteen  hundred  and  thirty-one, 
the  commissioners  of  the  canal  fund  are  required  to  prepare 
and  lay  before  the  legislature,  shall  be  so  prepared  and  laid 
before  the  legislature  by  the  said  auditor,  and  in  addition  to 
the  tolls  collected,  it  shall  contain  an  exhibit  of  the  trade  and 
tonnage  of  the  canals,  substantially  as  the  same  is  given  in  the 
report  for  the  year  eighteen  hundred  and  forty-seven.1 

Dues  to          §  117.  (Same  oh.,  §  8.)  Dues  to  the  state  which  have  here- 
pa1deinto  °  tofore  been  paid  to  the  commissioners  of  the  canal  fund,  shall, 


tlB 

treasury,    on  and  after  the  first  day  of  October  next,  be  paid  into  the  state 
treasury. 

Balances,        §  H8-  (Same  ch.,  §  9.)  All  balances  standing  to  the  credit 

credited.6    of  tne  commissioners  of  the  canal  fund  on  the  first  day  of 

October  next,  in  any  depository,  shall,  as  of  that  date,  be  trans- 

ferred by  the  said  commissioners  to  the  credit  of  the  treasurer 

of  the  state. 

Treasurer,       §  119.  (Same  ch.,  §  10.)  Whenever  directed  by  the  commis- 

transfer      sioners  of  the  canal  fund,  the  treasurer  shall  transfer  from  one 

depository  to  another,  by  a  draft  to  be  countersigned  and 

entered  by  the  said  auditor,  any  canal  fund  moneys  standing 

to  his  credit,  and  no  such  moneys  shall  be  transferred  by  the 


1  The  following  is  the  section  referred  to,  ch.  320, 1831 : 
"  §  27.  The  annual  report  required  from  the  commissioners  of  the  canal  fund 
shall  exhibit  a  statement  of  the  funds  intrusted  to  their  care  and  manage- 
ment, from  the  first  day  of  October  in  every  preceding  year  to  the  thirtieth 
day  of  September  in  every  subsequent  year,  inclusive,  and  the  accounts  of 
the  said  funds  in  the  comptroller's  office  shall  be  kept  in  accordance  with 
the  provisions  of  this  section;  but  .the  said  commissioners,  separate  from 
their  annual  report  above  mentioned,  shall  prepare  and  lay  before  the  leg- 
islature, with  their  annual  report  in  each  year,  a  full  statement  of  all  the 
tolls  collected  upon  all  the  canals  of  the  state  during  the  season  of  naviga. 
tion  next  preceding  such  session  ;  and  also  a  statement  of  the  rates  of  toll 
on  all  articles  transported  on  said  canals,  and  a  comparative  statement  show- 
ing the  amount  fixed  by  the  constitution  and  the  amount  charged." 


THE  AUDITOR.  105 

treasurer  from  one  depository  to  another,  unless  by  such  direc- 
tions. 

§  120.  (Samech.,  §  11.)  All  moneys  now  authorized  by  law  Moneys  to 
to  be  paid  or  advanced  by  the  commissioners  of  the  canal  fund,  st^ttf1 
and  all  moneys  which  shall  hereafter  be  authorized  to  be  paid 
or  advanced  from  the  canal  fund,  shall,  on  and  after  the  first 
day  of  October  next,  be  paid  by  the  treasurer,  on  the  warrant 
of  the  said  auditor;  but  no  warrant  shall  be  drawn  unless 
authorized  by  law,  and  every  warrant  shall  refer  to  the  law 
under  which  it  is  drawn. 

§  121.  (1872,  ch.  115,  §  4.)     Hereafter,  each  warrant  that  what 
may  be  drawn  by  the  auditor  of  the  canal  department  upon  the  warnmton 
treasurer,  for  the  payment  of  any  moneys  heretofore  or  here-  rer  to 
after  appropriated  by  law,  shall  particularly  specify  the  chapter 
and  date  of  the  passage  of  such  law,  and  when  more  than  one 
item  of  appropriation  is  contained  in  any  such  law,  then  the 
said  warrant  shall  also  specifically  state  the  item  of  appropri- 
ation, out  of  the  sum  of  which  the  amount  of  such  warrant 
shall  be  paid. 

§  122.  (1848,  ch.  162,  §  12.)     The  said  auditor  shall  counter-  checks  to 
sign  and  enter  all  checks  drawn  by  the  treasurer  in  payment  tersigned. 
of  his  warrants,  and  all  receipts  for  canal  moneys  paid  to  the 
treasurer,  and  no  such  receipts  shall  be  evidence  of  payment 
unless  so  countersigned. 

§  123.  (Same  ch.,  §  13.)     The  accounts  of  receipts  and  pay-  Accounts 
ments  on  account  of  the  canals,  and  the  canal  fund  and  debt,  ceipts, 

how  kept. 

heretofore  kept  by  the  commissioners  of  the  canal  fund,  shall, 
on  and  after  the  first  day  of  October  next,  be  kept  by  the  said 
auditor. 

§  124.  (Same  ch.,  §  14.)  As  soon  as  possible  after  the  close  Auditor 
of  each  fiscal  year,  the  said  auditor  shall  submit  to  the  commis-  to  cqm- 
sioners  of  the  canal  fund  a  statement  of  the  receipts  and  pay-  ers  state- 

1  11       nient  of 

ments  on  account  of  the  canals  and  the  canal  debt,  and  the  receipts 

and  pay- 
balances  of  the  funds  on  hand,  the  depositories  of  the  same,  ments. 

and  the  conditions  thereof;  which  statement  shall  accompany 
the  annual  report  of  the  said  commissioners  to  the  legislature. 

§  125.  (1861,  ch.  177,  §  7.)    The  annual  report  and  statement  statement^ 
required  by  the  fourteenth  section  of  the  act,  chapter  one  hun-  after  made 

"  M 


106  OF  THE  CANAL  FUND. 

to  legisia-  dred  and  sixty -two  of  the  laws  of  eighteen  hundred  and  forty- 
eight,  to  be  made  by  the  auditor  to  the  commissioners  of  the 
canal  fund,  shall  hereafter  be  made  to  the  legislature,  and  shall 
embrace  all  the  particulars  heretofore  required  in  the  annual 
report  of  the  commissioners  of  the  canal  fund. 

Auditor  §  126.  (1848,  ch.  162,  §  15.)  In  case  of  the  absence  or  sick- 
nate  a  ness  of  the  said  auditor,  he  may  designate  one  of  his  clerks  as 
perform  acting  auditor,  who  may  perform  any  of  his  duties,  except  the 

drawing  of  warrants  on  the  treasury,  and   the  auditing  of 

accounts. 

Except  §  127.  (1861,  ch.  177,  §  5.)     The  said  auditor  may  designate 

warrants,  one  of  his  clerks  as  deputy  auditor,  who,  in  case  of  the  sickness 
or  absence  of  said  auditor,  may  perform  any  of  his  duties, 
except  such  duties  as  pertain  to  the  contracting  board,  the 
drawing  of  warrants  on  the  treasury,  the  auditing  of  accounts, 
and  the  transferring  of  canal  fund  moneys  from  one  depository 
to  another.1 

cierk  may  §  128.  (1871,  ch.  653,  §  1.)  *  *  *  And  the  auditor  may 
secretary  designate  one  of  his  clerks  to  act  as  secretary  of  the  canal  board, 

of  caual 

board.  in  case  of  sickness  or  inability  of  the  auditor  to  perform  that 
duty.  *  *  * 

Appoint-  §  129.  (1857,  ch.  783,  §  1.)  The  governor  shall  appoint,  bj 
auditor  .and  with  the  advice  and  consent  of  the  senate,  the  auditor  of 
the  canal  department,  who  shall  receive  a  salary  of  twenty-five 
hundred  dollars  per  annum.  The  said  auditor  shall  hold  his 
office  for  three  years,  from  the  first  day  of  January,  eighteen 
hundred  and  fifty-eight,  when  the  term  of  office  of  the  present 
auditor  shall  expire,  and  until  his  successor  shall  in  like  manner 
have  been  appointed. 

suspen-          §  130.  (Same  ch.,  §  2.)     The  governor  may,  upon  the  requi- 
vioiation     sition  of   the  commissioners  of  the  canal  fund,  suspend  the 
auditor  of  the  canal  department  and  appoint  a  suitable  person 
to  perform  his  duties,  whenever,  during  the  recess  of  the  legis- 
lature, and  for  thirty  days  after  the  commencement  of  any 

1  §  8  of  this  chapter  repeals  all  acts  or  parts  of  acts  inconsistent  therewith, 
but  the  acting  auditor,  under  the  act  of  1848,  had  fuller  powers  than  the 
deputy  auditor,  under  the  act  of  1861.  The  present  practice  of  the  depart- 
ment is  to  appoint  a  deputy  auditor. 


THE  AUDITOR  107 

i 

session  of  the  legislature,  it  shall  be  made  to  appear  to  him 
that  the  said  auditor  has  violated  his  duty,  in  respect  to  the 
issue  of  the  public  stocks  of  this  state,  or  in  respect  to  the  pub- 
lic moneys  in  his  charge,  or  subject  to  his  draft. 

§  131.  (1861,  ch.  177,  §  4.)     The  auditor  of  the  canal  depart-  Term  of 

r  office  and 

inent  shall  hold  his  office  for  the  term  of  three  years.     He  shall  salary, 
receive  an  annual  salary  of  two  thousand  five  hundred  dollars, 
commencing  on  the  first  day  of  October  last,  in  respect  to  the 
present  incumbent,  to  be  paid  monthly  out  of  the  canal  fund. 

§  132.  (Same  ch.,  8  6.)     The  said  auditor  is  herebv  author-  Compensa- 
tion of 
ized  to  allow  and  pay  the  sum  of  eight  hundred  dollars  annu-  clerks. 

ally,  or  so  much  thereof  as  he  may  deem  necessary,  beyond  the 
sums  now  limited  by  law,  as  a  compensation  to  the  clerks  em- 
ployed by  him  in  the  canal  department,  but  the  whole  sum 
paid  for  clerk  hire,  in  the  department,  in  any  one  year,  shall 
not  exceed  eight  thousand  dollars.1 

§  133.  (1853,  ch.  36,  §  1.)     The  expenses  of  the  necessary  Expenses 
furniture,  books,  book-binding,  blanks,  printing,  except    such  ment  to  be 
printing  as  is  provided  for  by  the  act  entitled  "  An  act  to  pro-  treasurer, 
vide  for  the  public  printing,"  passed  March  fifth,  eighteen  hun- 
dred forty-six,  postage,  express  transportation,  light,  and  all 
other  necessary  incidental  expenses  of  the  canal  department, 
shall  be  paid  by  the  treasurer,  on  the  warrant  of  the  auditor  of 
the  canal  department,  out  of  any  canal  funds  in  the  treasury. 

§  134.  (Same  ch.,  §  2.)     The  compensation  of  collectors  of  Pay  of 
canal  tolls  and   weigh-masters,  the  pay  of  their  clerks   and  officers, 
assistants,  their  office  rent  and  necessary  office  expenses,  such 
as  shall  be  fixed  and  allowed  by  the  canal  board,  and  the  com- 
pensation of  inspectors  of  boats  and  their  cargoes,  or  such  por- 
tions of  compensation  and  expenses  as  are  not  paid  directly  by 
the  collectors  of  tolls,  shall  be  paid  by  the  treasurer,  on  the 
warrant  of  the  auditor  of  the  canal  department,  out  of  any 
canal  funds  in  the  treasury.2 

§  135.  (Same  ch.,  §  3.)     Penalties  remitted  by  the  canal  penalties 
board  and  tolls  refunded,  if  not  paid  by  a  collector  of  tolls,  and  toils 

1  In  1848  the  amount  was  $4,500.     In  1849,  it  was  increased  to  $5,500 ;  in 
1858,  to  $7,200,  and  by  this  act  of  1861,  to  $8,000.     Since  1864,  specific 
amounts  have  been  named  for  each  fiscal  year,  in  the  appropriation  acts  for 
ordinary  repairs,  "  for  clerk  hire  in  the  canal  department." 
•  Modified  by  §  658,  post. 


108 


OF  THE  CANAL  FUND. 


refunded,    may  be  paid  by  the  treasurer,  on  the  warrant  of  the  auditor  of 

how  paid.  • 

the  canal  department,  out  of  any  canal  funds  in  the  treasury. 
Removal         §  136.    (R.  S.,  ch.  5,  title  5 ;   amended  1848,  ch.  162,  8  2.) 

of  collec-     _.°    r       ,.-,,,,, 

tors.  ine  [auditor]  shall  also  have  power  to  remove  any  of  the  said 

collectors,  at  his  pleasure,  and  to  fill  the  vacancy  occasioned  by 
such  removal,  until  the  next  meeting  of  the  canal  board. 


Payment 
of  dam- 
ages for 
land,  etc., 
taken. 


Money  for 
damages 
to  be  de- 
posited 
when  the 
property 
is  incum- 
bered. 


Certificate 
of  title 
before 
payment 
of  dam- 
ages. 


§  137.  (1840,  ch.  288,  §  14 ;  am.end.ed  1848,  ch.  162,  §  11.) 
Before  [the  auditor]  shall  be  required  to  pay  any  damages  that 
may  have  been  or  may  be  awarded  for  any  land,  waters  or 
streams  taken  by  the  canal  commissioners  and  appropriated  to 
the  public  use,  [he]  shall  be  furnished  with  a  certificate  from 
the  canal  commissioners  that  the  land  and  premises  for  which 
such  damages  have  been  awarded  have  been  taken  and  appro- 
priated for  the  public  use,  and  have  been  taken  possession  of 
by  the  canal  commissioners  in  behalf  of  the  state. 

§  138-  (1841,  ch.  160,  §  5  ;  amended  1847,  ch.  280,  §  16,  and 
1848,  ch.  162.)  When  any  damages  shall  have  been  awarded 
by  the  canal  appraisers,  or  settled  by  the  canal  board,  for  appro- 
priating any  lands,  streams  or  waters  to  the  use  of  any  canal, 
and  it  shall  appear  that  there  is  any  mortgage,  judgment  or 
other  lien  or  incumbrance  upon  the  property  appropriated,  the 
[treasurer,  on  the  warrant  of  the  auditor,  may  in  the  discretion 
of  the  commissioners  of  the  canal  fund]  deposit  the  amount  so 
awarded  or  settled,  in  any  bank  selected  for  the  deposit  of  canal 
revenues,  to  the  account  of  such  award,  to  be  paid  and  dis- 
tributed to  the  parties  entitled  to  the  same,  as  shall  be  ordered 
by  the  [supreme  court]  on  the  application  of  the  said  parties, 
or  any  of  them.1 

§  139.  (1854,  ch.  332,  §  5.)  Before  the  auditor  shall  be  re- 
quired to  pay  any  damages  that  may  be  awarded,  or  the  amount 
of  any  commutation  agreed  on  for  the  appropriation  of  land 
or  water,  or  for  the  want  of  a  farm  bridge,  he  shall  be  furnished 
with  a  satisfactory  abstract  of  title,  and  certificate  of  search  as 
to  incumbrances,  showing  the  person  demanding  such  damages 
or  commutation  to  be  legally  entitled  thereto,  which  abstract 
and  search  shall  be  retained  and  filed  in  his  office. 


1  The  original  section  read  *  *  *  "  the  commissioners  of  the  canal  fund 
may  in  their  discretion  deposit  the  amount  so  awarded,"  etc.  *  *  *  See 
1848,  chapter  162,  §§  10  and  11,  ante,  §§  119  and  120,  of  this  Manual. 


THE  AUDITOR.  109 

§  140.   (1866,  ch.  836,  §  2.)     It  shall  be  the  duty  of  the  when  to 
auditor  of  the  canal  department  to  reject  and  refuse  payment  payment 
of  any  canal  commissioner's  draft  or  certificate,  or  any  other  certiif-    ' 
claim  against  the  state,  founded  on  a  certificate  or  measurement  other 
of  an  engineer  in  the  employment  of  the  state,  unless  such 
estimate  and  measurement  shall  be  sworn  to  and  verified  as 
provided  in  the  second  section  of  the  act  entitled  "  An  act  in 
relation  to  the  public  works  and  the  officers  connected  there- 
with," passed  March  twelfth,  eighteen  hundred  and  forty-seven.1 

§  141.  (1847,  ch.  278,  §  2.)     No  money  shall  hereafter  be  Money, 

.  ,  ,  when  to  be 

advanced  or  paid  to  any  canal  contractor  on  his  contract,  except  paid  to 

..«    '  -  .  •  ,      ,,  ,£     contract- 

On  the  sworn  certificate  oi  an  engineer  in  such  form  as  the  ore. 
canal  board  shall  prescribe,  that  he  has  actually  measured  the 
work  or  material  included  in  the  certificate,  and  believes  that 
the  quantities  therein  stated  do  not  exceed  the  amounts  actually 
performed  or  delivered  by  the  contractor,  which  certificate  shall 
be  sworn  to  before  either  of  the  canal  commissioners  or  any 
judge  or  justice  of  the  peace. 

§  142.  (Same  ch.,  §  3.)    The  sworn  measurement  referred  to  Measure- 
in   the  preceding  section  shall  be  given  to  the  canal  commis-  accom- 

•i     -I     ii  i  •  r>    -i  panyre- 

sioner,  and  shall  accompany  the  receipt  of  the  contractor  when  ceipt. 
presented  at  the  canal  department  for  final  audit. 

§  143.  (1837,  oh.  451,  §  1  ;  modified  1848,  ch.  162,  §  2  and  Expenses 
11.)     Either  of  the  acting  canal  commissioners  may  draw  upon  neeer°Jd~e- 
the  [auditor]  for  any  sum  to  be  advanced  to  an  engineer  to  par 
meet  the  expenses  of  the  engineer  department  ;  and  if  the  bond 
of  said  engineer  shall  have  been  duly  filed  in  the  office  of  the 
[auditor],  and  a  receipt  of  the  engineer  for  such  draft  shall  also 
be  filed  in  the  same  office,  it  shall  be  the  duty  of  the  [auditor] 
to  pay  the  draft  ;  provided  the  advances  to  an  engineer  unac-  Advancea 
counted  for  shall  at  no  time  exceed  the  sum  of  five  thousand 


thousand 
dollars. 


§  144.  (Same  ch.,  §  2;  modified  1848,  ch.  162,  etc.)     Before  Enfflneer 
any  advance  shall  be  made  to  an  engineer,  he  shall  execute  and 
file,  in  the  office  of  the  [auditor],  a  bond  to  the  people  of  this 
state,  for  the  faithful  expenditure  of  the  moneys  which  shall 
be   intrusted  to  him,  in  such  penalty  and  form  as  the  canal 

1  The  act  referred  to  by  tlie  title  is  chapter  278,  which  was  passed  May 
12,  1847.     No  act  was  passed  March  12,  1847. 


HO  OF  THE  CANAL  FUND. 

board  shall  direct,  and  with  such  sureties  as  the  [auditor]  shall 
approve,  upon  which  said  bond  the  said  engineer  and  his  sure- 
ties shall  be  responsible  to  the  state  for  moneys  advanced  to 
him  as  aforesaid. 

Account  of      §  145.  (Same  ch.*  §  3;  modified  1848,  ch.  162.)     Such  engi- 

expenses.  .          .  ,  '    .  . 

neer  shall,  as  often  as  once  in  ninety  days,  render  his  account 
to  the  [auditor],  who  shall  audit  the  same  ;  and  if  he  shall  omit 
to  render  his  account,  or  his  accounts  as  rendered  be  not  satis- 
factory, the  [auditor]  shall  notify  the  canal  commissioners  and 
the  commissioners  of  the  canal  fund  thereof;  and  no  further 
advances  of  money  shall  be  made  to  such  engineer. 

accounts1'8  §14:6.  (Same  ch.,  §4;  modified  1848.)  Before  any  engi- 
tmed  ber"  neer'8  account  for  expenditures  shall  be  presented  to  the 
°i8~  [auditor],  the  canal  commissioner  having  charge  of  that  part 


8ioner 


of  the  canal  on  which  such  engineer  is  employed  shall  certify 
on  such  account  that  he  has  examined  the  same  ;  that  the  sev- 
eral disbursements  specified  therein  were  made  under  his 
direction  on  the  canal,  or  for  payments  necessary  to  be  made 
thereon  ;  and  that  he  believes  such  disbursements  to  be  proper 
and  reasonable  and  to  have  been  made  as  charged. 

g  147.  (^.  &,  §  6  ;  modified  1848,  ch.  162.)     The  [auditor] 
dents"         shall  advance  to  each  of  the  superintendents  of  canal  repairs 
such  sums  as  in  [his]  opinion  shall  be  required  in  the  execution 
of  their  duties,  not  exceeding  at  any  time  five  thousand  dollars.1 


?enl2rt          §  148'  (1837'  oh'  451'  §  7  5  modified  1848>  oh-  162-)     Before 

det-dimdke  any  advance  of  money  shall  be  made  to  a  superintendent  of 

estimates.   canai  repairs  by  the  [auditor  of  the  canal  department],  he  shall 

make  out  a  detailed  statement,  in  such  form  as  the  said  [auditor] 

shall  prescribe,  of  the  several  anticipated  objects  of  expenditure 

on  the  line  of  canal  under  his  charge. 

Estimates       §  149.  (Same  ch.^  §  8  ;  modified  1848,  ch.  162.)     If  the  said 
certified  to  estimate  shall  be  filed  in  the   office  of  the  [auditor]  with  the 

and  filed.  .  -     .     . 

certificate  thereon  ol  the  acting  canal  commissioner,  stating 
that,  in  his  opinion,  the  whole  amount,  or,  if  less  than  the 
whole  amount,  what  portion  of  the  said  estimate  should  be 
advanced,  the  [auditor]  may  make  advances  on  the  same,  in 


1  This  section  is  also  modified  by  the  two  following  sections  of  chapter 
451,  Laws  of  1837. 


THE  AUDITOR.  Ill 

such  sums  and  as  often  as  he  may  deem  necessary ;  provided 
such  advances  shall  not  exceed  the  amount  certified  by  the 
commissioner.1 

§  150-  (184-2,  oh.  310,  §  1 ;  amended  1855,  ch.  535,  §  3.)  Purchases 
All  purchases  for  the  use  of  any  department,  office,  or  work  of 
the  government,  shall  be  for  cash,  and  not  on  credit  or  time. 
Each  voucher,  whether  for  a  purchase  or  for  a  service,  or  other 
charge,  shall  be  filled  up  at  the  time  it  is  taken ;  and  in  all 
cases  where  the  payment  is  not  made  directly  by  the  treasurer, 
or  governor,  proof  in  some  apt  form  shall  be  furnished  on  oath 
that  it  was  so  filled  up  at  the  time  it  was  taken,  and  that  the 
money  mentioned  therein  to  have  been  paid  was,  in  fact,  paid 
in  cash  or  by  draft  on  some  specified  bank. 

The  auditor,  in  all  cases  where  moneys  are  paid  from  the  Auditor 
canal  revenues,  loans  or  fund,  and  the  comptroller,  in  all  cases  scribe 

rules. 

where  payments  are  made  from  any  other  revenue  or  fund,  proof,  etc. 
shall,  from  time  to  time,  prescribe  rules,  regulations  and  forms 
to  secure  the  faithful  observance  of  this  section,  and  may  in  all 
cases,  if  they  shall  deem  it  necessary,  require  proof  on  oath  of 
the  payment  of  money  as  aforesaid. 

§  151.  (R.  S.y  oh.  9,  title  9,  §  42 ;  modified  1848,  ch.  162.)  TO  settle 
It  shall  be  the  duty  of  the  canal  commissioners  to  account  and  mission- 
settle  with  the  [auditor]  on  or  before  the  fifteenth  day  of  Jan-  counts, 
uary  in  each  year,  for  all  moneys  received  by  them,  and  each  of 
them  from  the  [    *     *     *    J  canal  fund,  or  belonging  to  that 
fund ;  and  such  settlement,  specifying  the  sums  respectively 
paid  to  all  contractors,  engineers,  agents  and  servants  of  every 
description,  employed  on  the  canals,  and  to  all  persons  having 
received  a  compensation  for  damages,  and  the  names  of  such 
persons  shall,  without  delay,  be  reported  by  the  [auditor]  to 
the  legislature. 

§  152.  (1859,  ch.  376,  §  1.)  "Whenever,  from  interest,  or  hav-  jju^jtor  tc 
ing  been  counsel  for  any  claimant  of  damages  against  the  state,  place  of 

0  •>  o  i  canai  com 

in  the  matter  of  such  claim,  or  being  related  to  such  claimant,  missioner 

o       ^  '  when  lat- 

any  canal  commissioner  shall  be  disqualified  from  acting  in  any 
case  where  by  law  any  power  or  duty  is  imposed  upon  such 
commissioner,  or  the  board  of  canal  commissioners,  on  filing  in 
the  office  of  the  auditor  of  the  canal  department  the  certificate 

'For  further  provisions  relating  to  detailed  estimates,  see  1866,  chapter 
936,  §  3 ;  post ,  %  338. 


112  OF  THE  CANAL  FUND. 

of  such  commissioner,  stating  his  disqualification,  the  said 
auditor  is  authorized,  and  it  shall  be  his  duty,  to  act  in  the 
place  of  such  disqualified  commissioner,  in  the  matter  of  such 
claim. 

Duties  of  §  153.  (1861,  ch.  124,  §  6.)  The  auditor  of  the  canal  depart- 
to  water  ment  is  authorized  and  required,  whenever  there  is  a  short 
Syracuse  supply  of  water  for  the  Syracuse  level,  insufficient  to  maintain 
fully  seven  feet  in  depth  upon  all  portions  thereof,  and  supply 
the  Oswego  canal,  to  suspend  the  weighing  of  boats  at  the 
Syracuse  weigh-lock,  and  stop  all  use  or  leakage  of  water 
through  the  same ;  and  in  case  of  such  deficiency  the  canal 
commissioners  are  authorized  and  directed  to  make  any  arrange- 
ment to  supply  the  same  within  their  power,  which  shall  not 
cost  over  thirty  thousand  dollars  for  the  first  year,  and  not  to 
exceed  five  thousand  dollars  a  year  thereafter. 

Forms  of        §  154.  (R.  S.,  ch.  8,  title  5,  §  4;  amended  1848,  ch.  162.) 

etc!  ra        The  attorney-general,  whenever  requested  by  the  comptroller, 

[auditor]  or  the  [state  engineer  and  surveyor],  shall  prepare 

proper  drafts  for  contracts,  obligations  and  other  instruments 

which  may  be  wanted  for  the  use  of  the  state. 

Forms  of        §  155.  (R.  >£,  ch.  9,  title  9,  Art.  IX,  §  193 ;  a/mended  1.848,  ch. 

bins  of     '  162.)  The  [auditor]  shall  prepare  the  forms  of  all  clearances, 

state"        bills  of  lading,  statements  and  other  papers  necessary  to  be  used 

under  the  provisions  of  this  title,  and  shall  from  time  to  time 

transmit  the  same  to  the  different  officers  and  agents  on  the 

canal,  for  whose  use  they  may  be  required. 

PAYMENT   OF   INTEREST. 

interest^  §  \§§,  (1864,  ch.  266,  §  1.)  All  canal  commissioners'  drafts 
catesfl"etc  an(^  certiticates,  and  all  estimates  of  engineers,  whether  monthly 
or  final,  made,  given  or  issued  since  the  first  day  of  November, 
one  thousand  eight  hundred  and  sixty-two,  for  work  done  and 
materials  furnished  for  the  canals  of  this  state,  and  all  awards 
made  by  the  canal  board  and  the  canal  appraisers,  shall  be  enti- 
tled to  draw  interest  at  the  rate  of  six  per  cent  per  annum,  as 
follows  :  On  monthly  estimates,  interest  shall  be  paid  from  and 
after  the  twentieth  day  of  the  month  succeeding  that  in  which 
the  work  was  done;  on  final  estimates  interest  shall  be  paid 
from  and  after  ninety  days  after  the  work  was  done  ;  on  awards 
by  the  canal  board,  interest  shall  be  paid  after  sixty  days  from 


ACCOUNTS.  113 

the  date  of  the  award ;  on  awards  by  the  canal  appraisers, 
interest  shall  be  paid  after  ninety  days  from  the  date  of  the 
award.1 

§  157.  (Same  ch.,  §  2.)  No  interest  shall  be  paid  on  any  draft,  when  to 
certificate,  estimate  or  award  after  the  auditor  has  given  or 
shall  give  notice  that  he  was  or  is  prepared  to  pay  the  same. 

§  158.  (Same  ch.,  §  3.)     The  treasurer  shall  pay,  on  the  war-  Treasurer 
rant  of  the  auditor  of  the  canal  department,  all  sums  author-  warrants 

of  auditor. 

ized  to  be  paid  by  this  act,  out  of  any  moneys  m  the  treasury 
appropriated  or  to  be  appropriated  for  the  payment  of  interest, 
estimates  and  awards. 

ACCOUNTS,  FEINTING,  ETC. 

§  159.  (1831,  ch.  320,  §  24.)     The  present  fiscal  year  of  the  Fiscal 
office  of  the  treasurer  of  this  state  shall  close  on  the  thirtieth  v 
day  of  September  next ;  and  the  future  fiscal  years  of  that 
office  shall  be  from  the  first  day  of  October  in  the  preceding, 
to  the    thirtieth   day    of  September  in  the  succeeding  year, 
inclusive.2 

§  160.  (Same  ch.,  §  25 ;  modified  1848,  ch.  162.)     All  books  Books  and 
and  accounts  in  the  office  of  the  comptroller  [or  auditor]  shall 
be  kept,  and  all  the  duties  of  that  office  shall  be  performed, 
with  reference  to  the  aforesaid  change  in  the  fiscal  year  of  the 
treasurer's  office,  and  in  accordance  with  that  change. 

S  161.  (Same  ch.,  §  26 ;  modified  1848,  ch.  162.)     All  officers  Annual 

account*. 

and  persons  required  to  render  annual  accounts  to  the  comp- 
troller [auditor]  or  treasurer,  shall  close  those  accounts  on  the 
thirtieth  day  of  September  in  each  year,  and  shall  render  such 
accounts  as  soon  after  that  day  in  every  year  as  may  be  prac- 
ticable. 

§  162.  (1859,  ch.  437,  §  1.)     The  comptroller,  secretary  of  Annual 
state,  treasurer,  state  engineer  and  surveyor,  attorney-general,  " 
canal  commissioners,  auditor  of  canal  department,  commission- 

1  For  previous  legislation  on  the  subject  of  payment  of  interest,  see  Laws 
of  185*,  chapter  263;  1859,  chapter  149;  1860,  chapter  490;  18G2,  chapter 
562,  and  1863,  chapter  194. 

8  As  to  examination  of  treasurer's  accounts  in  case  of  death  or  resignation. 
(>*•'  1839,  chapter  23. 

15 


114  OF  THE  CANAL  FUND. 

era  of  the  canal  fund,  commissioners  of  the  land  office,  canal 
appraisers  *  *  *,  and  all  other  state  officers  or  heads  of 
departments,  required  by  law  to  submit  an  annual  report  to  the 
legislature  of  this  state,  are  hereby  required  to  complete  their 
several  annual  reports  for  the  previous  fiscal  year,  ending  on 
the  thirtieth  day  of  September  of  each  year,  on  or  before  the 
tenth  day  of  December  succeeding,  and  cause  the  same,  on  or 
before  that  day,  to  be  placed  in  the  hands  of  the  person  having 
the  contract  to  do  the  printing  for  the  senate  and  assembly 
under  and  in  pursuance  of  the  provisions  of  section  2,  chapter 
24,  of  the  Laws  of  1846.1 


°ubMc  §  163'  (1846'  ch-  24>  §  2-)     Tne  printing  for  the  senate  and 

printing  assembly,  for  the  comptroller,  secretary  of  state  [state  engi- 
neer and  surveyor],  commissioners  of  the  land  office  and  canal 
fund,  the  banking  department,  and  all  other  printing  for  any 
and  every  of  the  state  officers,  shall  hereafter  be  done  as 
follows  : 

The  comptroller  and  secretary  of  state  shall  give  at  least 
twenty  days'  notice  in  two  public  newspapers  published  in  each 
senate  district  in  this  state,  that  they  will,  on  or  before  a  day 
to  be  specified  in  said  notice,  receive  sealed  proposals  for  the 
printing  provided  to  be  done  under  this  section  for  two  years, 
to  be  performed  in  the  same  style  of  execution  as  to  type  and 
paper  as  that  heretofore  furnished  ;  and  that  they  will  receive 
separate  bids  for  the  printing  to  be  done  for  the  senate,  assem- 
bly, and  public  officers,  or  any  portion  of  the  printing  to  be 
done  for  the  public  officers  ;  at  the  expiration  of  which  time 
they  shall  open  said  proposals,  and  enter  into  a  contract  or  con- 
tracts with  such  person  or  firm  as  shall  make  the  lowest  offer 
or  bid  to  do  such  printing,  and  shall  give  security  in  a  bond  to 
the  people  of  the  state  of  New  York,  to  the  satisfaction  of  the 
comptroller  and  secretary  of  state,  for  the  faithful  performance 
of  his  or  their  contract,  which  contract  shall  continue  in  force 
for  two  years  from  the  time  of  making  the  same.* 


1  As  to  reports,  formerly  required  from  commissioners  of  the  canal  fund, 
see  1842,  chapter  114,  section  11.  . 

The  provisions  of  chapter  350  of  Laws  of  1847,  "An  act  in  relation  to 
reports  of  state  officers,"  seem  to  relate  to  that  year  only. 

*  For  subsequent  laws  relating  to  public  printing  see  1847,  chapter  254  — 
1854,  chapter  197  — 1870,  chapter  113. 


TAX  FOR  DEFICIENCIES.  115 

TAX   FOK   DEFICIENCIES,    ETC. 

§  164.  (1873,  ch.  12,  §  I.)1     The  board  of  supervisors  of  any  jjgg£' 
county  in  this  state  that  have  not  levied  the  three  and  one-  °™ n^ 
half  mills  tax  ordered  to  be  levied  by  the  comptroller  of  the 
state  for  canals  and  general  fund  deficiencies  are  hereby  author- 
ized, in  their  discretion,  to  levy  the  same  at  a  special  meeting, 
called  for  that  purpose,  in  the  manner  now  provided  by  law 
for  calling  special  meetings,  and  all  laws  relating  to  the  levying 
and  collecting  of  taxes  now  in  force  shall  apply  to  the  levying 
and  collecting  of  taxes  authorized  to  be  levied  by  this  act. 

§  165.  (Same  ch.,  §  2.)     The  said  boards  of  supervisors  are  Ormay 
hereby  authorized,  in  their  discretion,  to  issue  the  bonds  of  bonds  and 

.     '  .  .  tax  to  pay 

their  respective  counties,  bearing  not  more  than  seven  per  cent  bonds, 
interest  per  annum,  and  payable  at  such  time  or  times,  not 
later  than  March  first,  one  thousand  eight  hundred  and  ninety- 
three,  as  said  boards  of  supervisors  shall  designate,  sufficient  to 
pay  the  tax  mentioned  in  the  first  section  of  this  act;  and  any 
bonds  authorized  by  any  board  of  supervisors  in  pursuance  of 
this  act  shall  be  a  lawful  debt  against  the  county  authorizing 
such  loan,  and  it  shall  be  the  duty  of  the  board  of  supervisors 
of  any  county,  issuing  bonds  under  this  act,  to  levy  a  tax  to 
pay  such  bonds  and  the  interest  thereon  as  they  shall  become 
due. 

§  166.  (Same  cA.,  §  3.)     The  resolutions  of  the  board  of  Former 
supervisors  of  any  county  in  this  state  already  passed  authoriz-  tfons"" 
ing  the  issue  of  bonds  to  pay  the  tax  mentioned  in  the  first 
section  of  this  act,  or  any  resolutions  to  extend  the  time  of 
payment  of  any  bonds  now  due  or  to  become  due,  with  the 


1  "An  act  to  authorize  the  boards  of  supervisors  of  the  several  counties 
of  the  state  to  levy  a  tax  to  pay  the  three  and  one-half  mills  tax  for  canals 
and  general  deficiencies  and  to  authorize  a  loan  for  that  purpose,  and  to 
ratify  the  acts  of  any  board  of  supervisors  in  issuing  bonds  to  meet  said 
tax  or  in  extending  any  loan  to  enable  said  boards  of  supervisors  to  pay 
said  tax,"  passed  February  10,  1873.  See,  also,  Laws  of  1872,  chapter  760, 
page  1156. 

Chapter  700  of  1872.  "  An  act  to  supply  deficiencies  in  former  appro- 
priations, etc.,  by  an  issue  of  the  bonds  of  the  state,  and  to  provide  for 
submitting  the  question  thereon  to  the  people,"  and  chapter  734  of  1872, 
"An  act  to  provide  means  to  pay  the  canal  and  general  fund  deficiencies 
directed  to  be  paid  by  act  chapter  700  of  1872,  were  held  to  be  unconstitu- 
tional by  the  court  of  appeals,  in  the  case  of  "  Ihe  People  ex  rel.  Nelson  K. 
Hopkins,  comptroller,  etc.,  respondents  v.  The  Board  of  Supervisors  Kings 
County"  decided  May  6, 1873.  See  opinion  by  Judge  Allen. 


116 


OF  THE  CANAL  FUND. 


Bonds, 

how 

issued. 


Action  of 
board  of 

supervis- 
ors 
legalized. 


Do. 


consent  of  the  holders  of  such  bonds  and  for  the  application  of 
any  money  raised  by  tax  to  pay  such  bonds,  for  the  purpose 
of  paying  such  tax,  are  hereby  ratified  and  confirmed. 

§  167.  (Same  ch.,  §  4.)  All  bonds  issued  under  and  pursu- 
ant to  this  act  shall  be  signed  by  the  chairman  and  clerk  of  the 
board  of  supervisors,  and  countersigned  by  the  county  treasurer 
of  the  county  at  the  time  they  are  issued ;  such  bonds  shall  be 
in  sums  of  not  less  than  one  hundred  nor  more  than  one  thou- 
sand dollars  each,  and  shall  not  be  disposed  of  by  such  county 
treasurer  for  less  than  the  par  value  thereof. 

§  168.  (1873,  oh.  643,  §  3.)  The  action  of  all  boards  of 
supervisors,  assessors  arid  collectors  of  taxes,  and  all  other  offi- 
cers of  this  state,  in  imposing,  levying  and  collecting  taxes,  in 
obedience  to  what  purported  to  be  chapter  seven  hundred  and 
thirty-four  of  the  laws  of  eighteen  hundred  and  seventy-two, 
and  in  paying  over  moneys  raised  thereby,  is  hereby  ratified, 
confirmed,  legalized  and  made  valid  the  same  as  if  the  said 
chapter  had  been  and  was  a  constitutional  and  valid  act  of  the 
legislature;  and  all  moneys  paid  by  any  county  into  the 
treasury  of  the  state,  or  by  any  town  or  city  into  the  county 
treasury,  in  consequence  thereof  are  hereby  declared  to  be 
legal,  and  the  amount  so  paid  by  any  county,  city  or  town 
shall  be  held  and  taken  as  a  satisfaction,  in  whole  or  to  the 
extent  of  such  payment,  of  the  amount  which  said  county,  city 
or  town  would  be  required  to  and  would  raise  by  tax  under 
the  provisions  of  section  two  of  this  act ;  and  said  county,  city 
or  town,  to  the  amount  of  such  payment,  shall  not  be  compelled 
or  required  to  raise  money  by  tax  in  pursuance  of  section  two 
of  this  act.  But  if  any  of  said  moneys  shall  not  yet  have  been 
paid  into  the  state  treasury  by  any  county,  the  same  shall  not 
apply  in  such  satisfaction  until  the  same  shall  have  been  paid 
into  the  state  treasury ;  and  if  any  of  said  moneys  shall  not 
yet  have  been  paid  into  the  county  treasury  by  any  city  or 
town,  the  same  shall  not  apply  in  such  satisfaction  until  the 
same  shall  have  been  paid  into  the  county  treasury.1 

§  169.  (Same  ch.,  §  5.)  The  action  of  any  and  all  boards  of 
supervisors  and  other  public  officers  of  any  county  or  city,  who 
have  heretofore  borrowed  money  for  their  respective  counties, 


1  Section  4  of  this  act  relates  to  Kings  county. 


REPAIR  CONTRACT  SYSTEM  ABOLISHED.  117 

or  issued  the  bonds  thereof,  for  the  purpose  of  raising  money 
with  which  to  pay  to  the  state  treasury  the  amount  required 
of  their  respective  counties  by  the  comptroller  according  to 
said  supposed  chapter  seven  hundred  and  thirty-four,  is  hereby 
ratiiied,  legalized,  confirmed  and  made  valid.  And  any  board 
of  supervisors,  or  other  public  officers  of  any  county  or  city, 
may  hereafter,  in  accordance  with  any  law  authorizing  them 
to  borrow  money  or  issue  bonds  for  the  purpose  of  paying  the 
amount  of  money  required  by  said  supposed  chapter,  proceed 
to  borrow  money  or  issue  bonds  under  such  law  to  raise  the 
money  required  of  said  city  or  county  by  this  act. 

EEPAIR  CONTRACT  SYSTEM  ABOLISHED. 

§  170.  (1870,  ch.  55,  §  1.)     All  laws  and  parts  of  laws  Repair 

'.  .  contract 

requiring  the  letting  and  keeping  the  canals  in  repair,  by  con-  8Ystem  . 
tract,  are  hereby  repealed,  and  the  contracting  board  is  hereby 
abolished.  But  the  repeal  of  the  said  laws  shall  not,  except  as 
otherwise  provided  by  this  act,  invalidate  the  contracts  hereto- 
fore made,  or  discharge  any  of  the  contractors  from  the  duties 
and  obligations  imposed  by  such  contracts  or  the  said  laws,  and 
the  right  of  the  said  contractors  to  receive  from  the  state  any 
pecuniary  compensation  or  other  relief  under  said  contracts, 
shall  not  be  affected  thereby.1 


JTHE  REPAIR  CONTRACT   SYSTEM. 

All  the  repair  contracts  now  in  force  on  the  canals  of  this  state  expire 
on  the  first  day  of  January,  1874.  For  this  reason,  it  is  not  deemed  neces- 
sary to  compile  at  length  the  laws  relating  thereto. 

The  following  is  a  condensed  statement  of  the  statutes  under  which  all 
repair  contracts  have  been  made : 

Ch.  327  of  1854,  authorized  the  canal  commissioners  to  let  by  contract  for 
repairs,  one,  and  not  more  than  three,  of  the  superintendent  sections  of  the 
Erie  canal,  with  provision  for  inventories,  payments,  suits,  penalties,  etc. 

Ch.  554  of  1855,  extended  the  provisions  of  the  act  of  1854,  to  any  com- 
pleted superintendent  section  of  the  canals,  under  the  approval  and  direc- 
tion of  the  canal  board. 

Ch.  329  of  1854,  established  the  enlargement  contracting  board,  consisting 
of  the  canal  commissioners,  the  comptroller  and  the  state  engineer  and 
surveyor. 

Ch.  105  of  1857,  directed  the  enlargement  contracting  board  to  let  all  the 
completed  sections  not  then  under  contract  for  repairs,  and  authorized  the 
board,  in  its  discretion,  to  let  the  uncompleted  portion  of  the  canals.  It  also 
contained  provisions  relating  to  inventories,  contracts,  payments,  publica- 
tion of  notices,  penalties,  clerk,  etc.  Section  12  of  this  act,  made  it  the  duty 
of  the  contracting  board  to  dispense  with  the  office  of  superintendent  of  re- 


118  OF  THE  CANAL  FUND. 

pairs,  in  all  cases  where  the  repairs  were  under  contract,  and  in  certain 
other  cases  where  the  duties  might  be  performed  by  the  resident  engineers. 

Oh.  783  of  1857,  substituted  the  auditor  in  place  of  the  comptroller  in 
the  contracting  board. 

Ch.  495  of  1859,  prohibited  the  canal  board  from  canceling  enlargement 
or  repair  contracts,  and  prescribed  the  duties  of  certain  officers  whose  duties 
relate  to  the  canals  of  this  state. 

Ch.  86  of  1860,  repealed  eight  sections  of  chapter  105  of  1857,  including  sec- 
tion 12,  relating  to  the  dispensing  with  superintendents,  and  also  provided 
that  all  laws  and  parts  of  laws  repealed  by  section  19  of  chapter  105  (relating 
to  appointment  of  officers  named  in  the  act),  should  be  revived  and  in  full 
force. 

Ch.  177  of  1861,  created  the  "repair  trust  fund,"  of  moneys  held  as 
security  for  the  performance  of  repair  contracts,  directed  its  investment,  and 
provided  for  forfeiture  to  the  state  or  repayment  to  the  contractor. 

Ch.  348  of  1862  amended  the  law  of  publication  of  notices. 

Ch.  252  of  1864,  authorized  the  contracting  board  to  make  additional 
allowances  to  contract  prices,  permitted  the  surrender  or  forfeiture  of  the 
contracts  in  certain  cases,  and  directed  that  such  sections  should  be  imme- 
diately relet. 

Ch.  577  of  1867,  amending  ch.  105  of  1857,  contained  many  important 
provisions.  It  gave  an  appeal  to  the  canal  board  from  the  award  of  con- 
tracts, directed  the  deposit  of  United  States  bonds  as  securities,  to  be  held 
in  trust  for  their  faithful  performance,  and  prescribed  the  duration  and 
the  construction  of  the  terms  of  the  contract,  and  the  duties  of  officers  re- 
lating thereto.  It  also  provided  for  a  covenant,  that  the  contractor  should 
bear  and  pay  the  cost  of  every  break  in  the  canal  or  failure  of  structures, 
to  the  extent  and  limit  of  $7,000 ;  for  the  correction  of  informalities  in  pro- 
posals; for  the  refusal  of  disadvantageous  or  excessive  bids,  and  for  certain 
exceptions,  changes  and  rules,  that  might  be  made  in  repair  contracts.  Sec- 
tions 11  and  12  were  as  follows  : 

"  §  11.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
act,  are  hereby  repealed. 

"  §  12.  Nothing  herein  contained,  nor  in  the  act  hereby  amended,  shall 
authorize  the  appointment  or  continue  in  office  beyond  the  first  day  of  June 
next,  any  superintendent  of  repairs  on  the  canals  of  this  state,  nor  shall 
any  engineer  or  canal  commissioner  authorize  any  work  to  be  performed,  or 
incur  any  expense  relating  to  said  canals,  except  in  pursuance  of  an  appro- 
priation duly  made  therefor  by  the  legislature  or  canal  board,  or  except  in 
case  of  a  breach  in  the  canals  when  the  same  shall  be  abandoned  by  the 
contractor  having  the  same  in  charge." 

It  was  held,  in  the  court  of  appeals,  Kearney  v.  Bell,  38  N.  Y.  386,  that 
the  first  clause  of  section  12,  relating  to  superintendents  of  repairs,  did  not 
affect  the  power  of  appointment  of  superintendents  by  the  canal  board, 
conferred  by  the  Revised  Statutes  (ante,  §  8).  That  although  this  power  in 
certain  cases  was  taken  away  by  chapter  105  of  1857,  it  was  revived  by  chapter 
86  of  1862,  and  the  restrictive  clause  in  section  12  only  relates  to  its  own  pro- 
visions, and  those  of  the  act  of  1857,  which  it  amended,  from  neither  of 
which  was  this  power  of  appointment  derived.  For  construction  of  the  next 
clause  of  this  section,  see  canal  board  proceedings,  1872.  Page  82,  chapter 
869  of  1868.  authorized  the  attorney-general  to  test  the  validity  of  certain 
contracts. 

Since  1863,  the  annual  appropriation  acts,  for  collection  of  tolls,  superin- 


OF  THE  PUBLIC  LANDS,  ETC.  119 

tendenee,  ordinary  repairs,  etc.,  have  specially  provided  for  the  payment  of 
contractors.  From  1867  to  1873,  these  appropriation  acts  have  all  contained 
the  following  provisions :  "  The  auditor  of  the  canal  department  shall 
notify  the  canal  commissioners  of  the  sum  of  money  that  will  be  needed  to 
pay  the  drafts  during  the  fiscal  year  to  the  contractors  for  repairs  under 
their  contracts  upon  their  respective  divisions,  and  he  shall  reserve  such 
sums  out  of  the  appropriations  made  by  this  act  for  the  purpose  of  paying 
the  monthly  drafts  to  contractors,  and  no  part  of  the  sums  so  reserved  shall 
be  paid  or  applied  to  any  other  object  or  purpose,  and  no  draft  shall  be 
drawn  on  the  auditor  in  favor  of  the  contractors  unless  upon  a  certificate 
from  the  canal  commissioner  in  charge  that  the  contractor  has  fulfilled  his 
contract  during  the  preceding  month." 

The  practice  has  been  for  the  commissioner  to  require  from  the  superin- 
tendent in  charge  of  the  section,  a  similar  certificate  before  signing  the 
drafts. 

For  construction  of  the  terms  of  repair  contracts,  see  7  Barb.  208,  and 
canal  board  proceedings,  1868,  pp.  64  and  68.  As  to  liability  of  contractors 
see  4  Hill,  030;  5  Lans.  293  and  344,  and  Robinson  v.  Chamberlain,  34 
X.  Y.  p.  389. 

'  'h.  oo  of  1870,  abolishing  the  repair  contract  system,  is  printed  in  full  in 
ch.  9,  title  9,  art.  4,  "  Of  the  canal  board,"  post,  §§  523-534,  etc.,  of  this 
Manual. 

For  a  construction  of  the  provisions  of  this  act,  see  canal  board  proceed- 
ings, 1870,  p.  87. 


TITLE  V. 

OF    THE    PUBLIC    LANDS    AND    THE     SUPERINTENDENCE    AND   DISPO- 
SITION   THEREOF. 

AKTICLB  1.  Of  the  general  powers  and  duties  of    commissioners  of  the 

land  office. 
********* 

6.  Of  the  duties  of  the  commissioners  of  the  land  office  in  regard 
to  lands  belonging  to  the  canal  fund. 


ARTICLE  I. 

GENERAL    POWERS    AND    DUTIES. 

SECTION  184.  Commissioners  of  land  office,  of  whom  to  consist. 

185.  To  superintend  the  public  lauds  and  to  direct  the  granting 

thereof. 

186.  What  number  may  execute  powers  of  board. 

187.  Secretary  of  state  to  convene  commissioners  ;  who  to  preside 

at  meeting. 

188.  Deputy  secretary  of  state  to  be  clerk  ;  his  duty. 

189.  To  prescribe  form  of  letters  patent ;  reservation  of  gold  and 

silver  mines. 


120 


OF  THE  PUBLIC  LANDS,  ETC. 


SECTION  190.  To  make  compensation  for  failure  of  title  to  lands  purchased 

of  state. 

191.  May  require  attendance  of  witnesses  and  the  production  of 
books,  papers,  etc. 

SECTION  184:.  (Const.,  Art.  V,  §  5.)  The  lieutenant-governor, 
speaker  of  the  assembly,  secretary  of  state,  comptroller,  treasurer, 
attorney-general  and  state  engineer  and  surveyor  shall  be  the 
commissioners  of  the  land  office. 


Powers  §  185.  (R.  &i  §  1.)     The  commissioners  of  the  land  office 

ies<  shall  have  the  general  care  and  superintendence  of  all  lands 
belonging  to  this  state,  the  superintendence  whereof  is  not 
vested  in  some  other  officer  or  board.  They  shall  also  have 
power  to  direct  the  granting  of  the  unappropriated  lands  of 
the  state,  according  to  the  directions  from  time  to  time  to  be 
prescribed  by  law. 

what  §  186.  (R.  &,  §  2,  modified  Const.,  Art.  V.}   All  the  powers 

may  now  vested  or  hereafter  to  be  vested  in  the  commissioners, 

the  powers  may  be  executed  by  a  majority  of  the  board,  or  by  any  three 
board.        of  them,  if  the  [state  engineer  and  surveyor]  be  one  of  such 
three. 


How  con- 
vened and 
presided 
over. 


§  187.  (R.  /£,  §  3.)  The  secretary  of  state  shall  convene 
the  commissioners  as  often  as  may  be  necessary  for  the  trans- 
action of  business.  At  every  meeting  the  lieutenant-governor, 
if  present,  shall  'preside ;  if  he  be  absent,  the  members  present 
shall  choose  their  chairman. 


Deputy  §  188.  (R.  /&,  §  4.)     The  deputy  secretary  of  state  shall  be 

ofCstateyto  clerk  to  the  commissioners,  and  shall  enter  the  minutes  of  their 

HisCduty.    proceedings  in  a  book  to  be  provided  for  the  purpose,  which 

shall  be  kept  in  the  secretary's  office,  in  proper  order,  with 

the  papers   and  documents  which  may  be  presented  to  the 

board. 


Letters 
patent. 


Failure  of 
title. 


§  189.  (R.  8.,  §  5.)  All  letters  patent  hereafter  to  bo 
granted  shall  be  in  such  form,  as  the  commissioners  shall  direct, 
and  shall  contain  an  exception  and  reservation  to  the  people 
of  this  state  of  all  gold  and  silver  mines. 

§  190.  (R.  &,  §  6.)  Wherever  the  title  of  the  people  of  this 
state  to  lands  granted  under  its  authority  shall  fail,  and  a  legal 


DUTIES  OF  COMMISSIONERS  OF  THE  LAND  OFFICE,  ETC.  121 

claim  for  compensation,  on  account  of  such  failure,  shall  be 
preferred  bj  any  person  entitled  thereto,  it  shall  be  the  duty 
of  the  commissioners  to  direct  the  payment  of  the  original  pur- 
chase-moneys, which  may  have  been  made  to  the  state  by 
such  person,  with  interest  at  the  rate  of  six  per  cent  from  the 
time  of  such  payment,  to  be  paid  out  of  the  treasury  on  the 
warrant  of  the  comptroller. 

§  191.  (1839,  ch.  134,  §  1.)  The  commissioners  of  the  land  Attend- 
ance of 
omce  may  require  the  attendance  of  any  person  as  a  witness  witnesses 

on  the  part  of  the  state,  whenever  in  their  opinion  the  interest 
of  the  state  may  render  it  proper,  in  relation  to  any  applica- 
tion that  is  or  may  be  pending  before  them  ;  and  for  that  pur- 
pose they  may  issue  subpoenas,  which  shall  be  signed  by  their 
chairman  for  the  time  being,  commanding  any  such  person  to 
appear  and  testify  before  them,  relative  to  the  subject  of  such 
application,  and  to  bring  forward  and  to  produce  to  them,  any 
writings,  books  or  papers,  that  may  be  designated  in  such  sub- 
poena in  his  possession,  or  within  his  control ;  and  every  per-  Penalty, 
son  who  after  being  served  with  such  subposna  and  tendered 
the  legal  fees,  shall,  without  reasonable  cause,  refuse  or  neglect 
to  appear  and  produce  such  writings,  books  or  papers,  or  appear- 
ing, shall  refuse  to  testify  as  to  any  facts  within  his  knowledge 
relative  to  the  subject-matter  of  such  application,  shall  forfeit  one 
hundred  dollars  to  the  people  of  this  state,  and  shall  be  liable  to 
be  committed  to  prison  by  the  said  commissioners  until  he  shall 
submit  to  testify  and  produce  such  writings,  books  or  papers; 
and  all  expenses  necessarily  incurred  in  procuring  the  attendance 
of  any  witness  and  his  legal  fees,  upon  being  certified  by  the 
said  commissioners,  shall  be  paid  by  the  treasurer  on  the  war- 
rant of  the  comptroller. 


ARTICLE  VI. 

OF    THE    DUTIES    OF   THE   COMMISSIONERS    OF   THE   LAND  OFFICE   IN 
REGARD    TO    LANDS    BELONGING   TO    THE    CANAL    FUND. 

SECTION  192.  Commissioners  to  dispose  of  such  lands. 

193.  Expenses  and  surveys  thereof,  how  defrayed. 

194.  Conditions  of  such  sales. 

195.  To  appoint  agents  to  prosecute  for  trespasses. 

196.  Agents  to  give  security. 

197.  May  bring  suits  in  name  of  the  people. 

198.  Compensation  and  expenses  of  agents,  how  paid. 

16 


122  OF  THE  PUBLIC  LANDS,  ETC. 

OF    THE    SALE    OF    ABANDONED    LANDS. 

SECTION  199.  Canal  board  to  determine  when  lands  taken  for  canal  may  be 
sold. 

200.  Canal  board  to  determine  abandoned  lands  ;  how  disposed  of. 

201.  Original  owner  or  owners  to  have  preference  in  sale  of  such 

lands. 

202.  Commissioners  of   land  office  may  require  proof   of   right 

before  grant. 

203.  Act  of  1857  extended  in  certain  cases. 

204.  Not  to  apply  to  lands  heretofore  sold  or  to  dry  docks  at 

Oswego. 

Canal  fund  SECTION  192.  (R.  S.,  §  78.)  The  commissioners  of  the  land 
disposed  office  shall  dispose  of  the  lands  conveyed  to  this  state  for  the 
benefit  of  the  canal  fund,  in  such  manner,  at  such  times,  and  on 
such  terms,  as  they  shall  judge  best  for  the  interest  of  the  canal 
fund ;  and  for  that  purpose,  they  shall,  from  time  to  time,  cause 
such  surveys  and  examinations  to  be  made  as  they  shall  deem 
necessary. 

Expenses        §  193.  (R.  S.,  §  79.)    The  expenses  of   such   surveys  and 
urveys.  exammations  sha]]  ^e  defrayed  in  the  same  manner  as  the  ex- 
penses relating  to  the  surveys  and  sales  of  the  unappropriated 
lands  of  this  state. 

Purchase-  §  194.  (R.  /&,  §  80.)  Whenever  any  part  of  such  lands  shall 
how'pay-  be  sold,  the  commissioners  shall  require  at  least  fifty  per  cent 
of  the  purchase-money  to  be  paid  in  hand,  or  secured  to  their 
satisfaction,  on  other  property,  payable  in  three  annual  install- 
ments, with  interest ;  and  in  either  case,  the  residue  of  the  pur- 
chase-money shall  be  payable  in  three  yearly  payments,  with 
interest  at  the  rate  of  six  per  cent  per  annum. 

Appoint-        §  195.  (R.  S.,  §  81.)  The  commissioners  of  the  land  office 
agents0.       shall,  from  time  to  time,  appoint  discreet  agents,  to  prosecute 
all  trespassers  on  any  lands  belonging  to  the  canal  fund. 

security.  §  196.  (R.  $.,  §  82.)  Every  such  agent  shall  give  such  rea- 
sonable security,  from  time  to  time,  to  the  people  of  this  state, 
for  the  faithful  execution  of  his  trust,  as  the  commissioners  shall 
require  and  approve. 

Powers  §  197.  (R.  $.,  §  83.)  He  may  bring  suits  in  the  name  of  the 

ties.  people  against  all  persons  who  shall  have  trespassed  on  the  said 

lands,  and  may  prosecute  the  same  to  judgment  and  execution, 


OF  THE  SALE  OF  ABANDONED  LANDS.  123 

§  198.  (R.  S.,  §  84.)  The  costs  and  expenses  which  such  Expenses, 
agent  may  incur  in  any  snch  suit,  together  with  such  compensa- 
tion for  services  as  the  commissioners  shall  deem  just,  shall  be 
paid  to  him  out  of  the  treasury  ;  but  no  allowance  shall  be  paid 
to  him  for  any  suit  in  which  the  defendant  shall  succeed  on  the 
trial,  unless  the  commissioners  shall  be  satisfied  that  there  was 
probable  cause  for  bringing  such  suit. 

OF    THE    SALE    OF    ABANDONED    LANDS. 

§  199.  (1849,  ch.  352,  §  3.)     Whenever  the  canal  board  shall  Lands, 

when  to  be 

by  resolution  determine  that  any  lands  taken  for  the  purpose*  sold- 
of  the  canal  may  be  sold  beneficially  to  the  state,  the  commis- 
sioners of  the  land  office  may  sell,  grant,  and  convey  the  right, 
title  and  interest  of  the  state  in  such  lands,  and  the  proceeds 
of  such  sale  shall  be  credited  to  the  fund  appropriated  for  the 
construction  of  the  canal  for  which  such  lands  were  taken. 

§  200.  (1857,  ch.  267,  §  1.)     Whenever  the  canal  board  shall  Abandon- 

ed  lands. 

by  resolution  determine  that  any  lands  taken  for  the  purposes 
of  the  canals  of  this  state  have  been  abandoned,  and  that  the 
title  of  the  state  to  said  lands  was  acquired  by  purchase  from 
the  owner  or  owners,  it  shall  and  may  be  lawful  for  the  com- 
missioners of  the  land  office  to  sell,  grant  and  convey  the  right, 
title  and  interest  of  the  state  in  such  lands,  and  credit  the  pro- 
ceeds of  such  sale  to  the  fund  appropriated  for  the  construction 
of  the  canal  enlargement,  improvements  and  repairs  of  the 
same ;  and  in  case  it  shall  appear  that  the  title  of  the  state  to 
said  lands  was  acquired  by  grant  or  otherwise  from  the  owner 
or  owners,  and  without  the  payment  of  any  sum  or  sums  what- 
ever by  the  state  for  sucli  lands,  it  shall  and  may  be  lawful  for 
the  commissioners  of  the  land  office  to  release  all  the  right, 
title  and  interest  of  the  state  in  and  to  such  lands  to  the  per- 
sons so  granting  the  said  lands  to  the  state,  or  from  whom  the 
title  was  acquired  by  the  state,  to  his  or  their  heirs,  grantees 
or  assigns,  upon  and  subject  to  such  rules,  regulations  and 
requirements  as  may  be  deemed  for  the  interest  of  the  state ; 
provided  that  where  any  of  such  lands  shall,  at  the  time  of  such 
abandonment,  be  used  as  or  for  a  hydraulic  canal,  the  convey- 
ance shall  not  in  any  respect  prevent  the  future  use  of  the  land 
for  the  same  purpose,  but  shall  expressly  reserve  the  right  to 
continue  such  hydraulic  canal. 

§  201.  (Same  oh.,  §  2.)     The  original  owner  or  owners  of  said  DO. 
abandoned  canals,  their  heirs  or  assigns,  who  may  be  the  owners 


124  OF  THE  PUBLIC  LANDS,  ETC. 

of  the  lands  adjoining  thereto,  shall  have  the  preference  for 
one  year  subsequent  to  the  passage  of  said  resolutions  by  the 
canal  board,  to  purchase  the  same  by  payment  to  the  commis- 
sioners of  the  land  office  of  the  amount  originally  paid  by  the 
state  for  said  lands. 

DO.  §  202.  (1869,  ch.  196,  §  1.)     Whenever  the  commissioners  of 

the  land  office  by-  any  existing  statute  have  power  to  make  a 
grant  of  any  lands  or  interest  therein  to  any  party,  they  shall 
have  power  summarily  to  inquire  into  the  rights  of  such  party 
thereto,  upon  such  proof  as  by  regulation  they  shall  prescribe ; 
but  this  act  shall  not  apply  to  grants  of  land  under  water. 

DO.  §  203.  (1869,  ch.  361,  §  1.)     The  act  entitled  "  An  act  in 

relation  to  abandoned  canals,"  passed  April  sixth,  eighteen 
hundred  and  fifty-seven,  being  chapter  two  hundred  and  sixty- 
seven  of  said  laws,  shall  apply,  and  is  hereby  declared  to  extend 
to  cases  in  which  the  land  at  the  time  taken  for  canal  purposes 
was  owned  by  the  state,  but  with  the  adjoining  lands  were 
subsequently  conveyed  by  the  state  without  any  express  reser- 
vation of  the  portion  covered  by  the  canal,  so  that  under  the 
said  law  the  grantees  of  the  state,  their  heirs  and  assigns,  shall 
stand  in  the  same  position  with  respect  to  abandoned  canals,  as 
the  like  representatives  of  individuals  hold  and  enjoy ;  provided 
they  shall  pay  therefor  such  sum  or  sums  as  the  commissioners 
of  the  land  office  shall  deem  just  and  equitable. 

§  204.  (Same  ch.,  §  2.)  Nothing  herein  contained  shall  be 
considered  as  applying  to  any  abandoned  canals  heretofore  sold 
and  conveyed  by  the  state;  nor  to  any  dry  docks  built  by  per- 
mission of  the  state  within  the  canal  blue  lines  in  the  city  of 
Oswego.1 


1  DIBECTIONS  TO  APPLICANTS  FOB  GRANTS  OP  ABANDONED  CANAL  LANDS. 

1st.  Directions  for  procedure  before  the  canal  board  to  procure  the 
abandonment  of  canal  lands. 

CANAL  DEPARTMENT,  | 

ALBANY,  August  19, 1861.     f 

At  a  meeting  of  the  canal  board,  held  at  the  canal  department  on  the  16th 
of  August,  1861,  the  following  resolution  was  adopted: 

Resolved,  That  hereafter,  applicants  to  the  canal  board  for  the  abandon- 
ment of  any  portion  of  the  canal  lands  of  this  state  under  chapter  267, 
Laws  of  1857,  will  be  required  to  comply  with  the  following  requirements, 
and  furnish  the  following  documents,  to  wit : 


DIRECTIONS  TO  APPLICANTS,  ETC.  125 

1st.  The  applicant  must  present  an  accurate  description  and  map  of  the 
tands  sought  ta  be  declared  abandoned,  made  by  the  resident  engineer  upon 
the  canal  nearest  to  such  lands,  together  with  the  statement  of  the  opinion, 
of  ^uch  engineer,  as  to  the  propriety  of  granting  or  refusing  such  applica- 
tion, and  his  reasons  for  such  opinion,  and  such  map  to  present  a  view  of  as 
much  of  the  premises  surrounding  the  lands  asked  to  be  abandoned  as  will, 
together  with  the  statement  of  the  engineer,  give  all  the  facts  necessary  for 
a  full  understanding  of  the  merits  of  the  application. 

The  description  of  the  lands  sought  to  be  declared  abandoned  should  be 
written  out  in  full  from  the  survey  of  the  resident  engineer  (or  prepared 
by  a  sworn  surveyor),  for  insertion  in  the  Patent  of  Release  by  the  people 
of  the  state  of  New  York,  to  the  applicant,  and  the  correctness  of  said  sur- 
vey bill  be  certified  by  the  engineer  or  surveyor  making  the  same. 

2d.  The  applicant  must  also,  in  his  application  to  this  board,  set  forth  in 
what  manner  the  state  originally  obtained  title  to  the  lands  applied  for, 
whether  by  purchase  or  otherwise ;  and  in  case  the  state  originally  pur- 
chased the  same,  then  the  applicant  shall  refund  to  the  state  for  the  benefit 
of  the  canal  enlargement  or  repair  fund,  the  proportionate  amount  paid 
originally  for  the  lands  sought  to  be  declared  abandoned. 

3d.  The  applicant  will  be  required  to  furnish  and  present  a  complete 
abstract  of  title  to  the  lands  applied  for,  showing  a  continuous  chain  from 
the  time  the  canal  was  constructed  down  to  the  time  of  his  application, 
proving  (unless  he  be  the  original  owner)  the  various  conveyances  down  to 
such  applicant,  from  the  original  owner,  at  the  time  the  canal  was  con- 
structed. 

A  county  clerk's  abstract  of  title,  or  certified  copies  of  the  several  title 
deeds,  should  be  produced  in  this  connection,  and  remain  on  file  in  the  canal 
department,  as  evidence  of  title. 

4th.  It  should  be  made  clearly  to  appear  from  the  maps,  survey  bill  and 
title  papers,  whether  the  applicant  owns  the  adjoining  lands  on  only  one  or 
both  sides  of  the  canal  sought  to  be  declared  abandoned. 

5th.  The  petition  of  the  applicant  to  this  board  must  contain  all  the  facts 
in  connection  therewith,  and  should  also  state  whether  any  of  the  lands 
sought  to  be  declared  abandoned  are  used  as  for  a  hydraulic  canal,  and 
said  petition  should  be  duly  verified. 

I  certify  tl\e  foregoing  to  be  a  true  extract  from  the  minutes. 

W.  McGOURKEY,  Deputy  Auditor. 

2d.  Directions  for  procedure  before  the  commissioners  of  the  land  office,  to 

obtain  letters  patent  for  canal  lands   declared   abandoned  by  the   canal 

board. 

At  a  meeting  of  the  commissioners  of  the  laud  office,  held  at  the  office 
of  the  secretary  of  state,  on  the  16th  of  August,  1861,  the  following  resolu- 
tion was  adopted : 

R-'toloed,  That  hereafter  applicants  for  grants  of  abandoned  canal  lands; 
und':r  chapter  267,  Laws  of  1857,  be  required,  in  connection  with  the  appli- 
cation to  the  commissioners  of  the  land  office,  to  furnish  a  certified  copy 
(under  seal  of  the  auditor  of  the  canal  department)  of  the  resolution  of  the 
canal  board,  declaring  the  lands  applied  for.  abandoned  for  canal  purposes 
and,  also  when  any  consideration  is  paid  for  the  lands  to  the  state,  the 
treasurer's  receipt,  in  full,  for  the  amount  as  fixed  and  determined  in  the 
proceedings  of  the  canal  board,  or  this  board. 


126  OF  THE  CANALS. 

In  all  cases  where  the  applicant  owns  the  adjoining  lands  on  both  sidea 
of  the  canal,  he  will  be  entitled  (upon  complying  with  the  requirements  of 
this  board)  to  a  release  of  the  entire  abandoned  canal  running  through  his 
lands. 

The  original  owner,  at  the  time  the  canal  was  constructed,  shall  have  no 
claim  to  the  abandoned  canal,  unless  he  owns  the  lands  adjacent  to  such 
canal.  In  case  he  has  conveyed  the  adjoining  lands,  he  thereby  forfeits  his 
claim  to  such  abandoned  canal.  The  applicant,  in  order  to  obtain  title  from 
the  state  for  such  canal  lands,  must  either  be  the  original  owner  (if  still 
owning  the  same)  of  the  lands,  when  the  canal  was  constructed,  or  the 
assignee  of  the  original  owner,  as  per  decision  of  the  attorney-general,  ren- 
dered to  this  board,  September  21st,  lt'58. 

Whenever  the  applicant  owns  lands  only  on  one  side  of  the  canal,  he  will 
only  be  entitled  to  a  release  to  the  middle  of  the  abandoned  canal,  unless 
the  person  or  persons  owning  on  the  opposite  side  fail  to  apply  within  one 
year  after  the  lands  are  declared  abandoned  by  the  canal  board,  in  which 
case  the  board  may,  in  its  discretion,  sell  and  convey  the  entire  abandoned 
canal  along  the  lands  of  the  applicant,  to  such  adjacent  owner  on  the  one 
side  thereof. 

All  conveyances  of  abandoned  canal  lands  shall  be  by  quit-claim  patent,  and 
the  fees  for  such  patents,  in  all  cases  under  the  act  of  1857,  are  confirmed, 
determined,  and  shall  hereafter  continue  to  be,  the  same  as  for  grants  of 
land  under  water,  that  is  to  say,  five  dollars  for  each  patent. 

Extract  from  the  minutes  of  tJie  commissioners  of  the  land  office. 

DATED  November  14, 1865. 

R'solved,  That  hereafter  before  any  application  for  a  conveyance  of  canal 
lands  under  chapter  267,  Laws  of  1857,  be  considered  by  this  board,  satis- 
factory proof  be  furnished  that  the  owners  of  premises  of  which  such 
land  form  a  part,  have  been  duly  notified  of  such  application. 


TITLE  IX. 

OF   THE   CANALS. 

1.  Designation  and  description  of  canals. 

2.  Of  the  canal  commissioners    and  their  general   powers   and 

duties. 

3.  Of  the  appraisement  of  damages. 

4.  Of  the  canal  board,  their  powers  and  duties. 

5.  Of  water  privileges,  and  the  sale  of  surplus  waters. 

6.  Of  the  superintendents  of  repairs  and  the  collectors  of  tolls. 

7.  Regulations  and  penalties  concerning  the  navigation  of  the 

canals  and  the  collection  of  tolls. 

8.  Regulations  and  penalties  concerning  the  protection  and  main- 

tenance of  the  canals. 

9.  Miscellaneous  provisions  of  a  general  nature. 

[10.]  Of   the  state  engineer  and  surveyor,  division,  resident  and 
assistant  engineers,  and  their  general  powers  and  duties. 


DESIGNATION  AND  DESCRIPTION.  127 


ARTICLE  I. 

DESIGNATION  AND  DESCRIPTION  OF  THE  CANALS. 

SECTION  210.  Names  of  the  canals.     Ten  in  number. 

1.  The  "  Erie  canal." 

2.  The  "  Champlain  canal." 

3.  The  "  Cayuga  and  Seneca  canal." 

4.  The  "  Os wego  canal." 

5.  The  "  Crooked  Lake  canal." 

6.  The  "  Chemung  canal." 

7.  The  "  Chenango  canal. " 

8.  The  "  Black  River  canal  and  Erie  canal  feeder,"  and  the 

"  Improvement    of    Black    river,   from    High    Falls   to 
Carthage." 

9.  The  "  Qenesee  Valley  canal." 

10.  The  "  Oneida  Lake  canal,"  "  Oneida  Creek  feeder,"  and  the 
"  Seneca  river,  from  Oneida  lake  to  Baldwin's  Mills." 

211.  The  Erie  and  Champlain  canals  declared  to  be  completed. 

212.  Canal   board  to  declare  when  other  canals  are  completed  ; 

powers  of  commissioners  then  to  cease. 

213.  Maps  of  canals  to  be  made. 

214.  To  be  compiled  by  commissioners,  and   filed  in  [auditor's] 

office. 

215.  [Auditor]  to  send  copy  to  every  county  intersected  by  canal, 

to  be  filed  in  clerk's  office. 

216.  A  transcript  from  original  or  certified  copy  of  map  to  be  pre- 

sumptive evidence. 

217.  Maps  of1  the  canals  presumptive  evidence  of  title  in  the  state. 

218.  Provisions  of  this  title  to  apply  to  all  state  canals. 

ENLARGEMENT  AND  IMPROVEMENT  ACTS. 

219.  The  Erie,  Oswego,  and  the  Cayuga  and  Seneca  canals,  to  be 

enlarged. 

220.  The  enlargement  of  the  Erie,  the  Oswego  and  the  Cayuga  and 

Seneca  canals,  and  completion  of  the  Qenesee  Valley  and 
Black  River  canals,  to  be  finished  by  1st  of  June,  1861 ;  di- 
mensions, etc. 

221.  Bevels  of  locks  to  be  cut,  and  bridges  raised  on  the  Erie, 

Oswego,  and  the  Cayuga  and  Seneca  canals. 

222.  Enlargement  declared  completed  from  September  1, 1862. 

223.  Canal  board  prohibited  from  changing  plans  of  completed 

canals. 
234.  Hamburgh  and  Main  street  basin,  Buffalo,  to  be  completed. 

225.  Canal  board  authorized  to  accept  Clark  and  Skinner  canal, 

from  the  city  of  Buffalo. 

226.  Improvement  of  Champlain  canal  and  Glen's  Falls  feeder. 

227.  Enlargement  of  Champlain  canal,  tax,  etc. 

228.  Dimensions. 

229.  Maps,  plans  and  estimator,  to  be  submitted  to  canal  board. 


128 


OF  THE  CANALS. 


Names  of 
the  canals. 


Erie. 


Cham- 
plain. 


Cayuga 

and 

Seneca. 


Oswego. 


Crooked 
Lake. 


Chemung. 


Chenango. 


SECTION  230.  Prosecution  of  the  work,  contracts,  etc. 

231.  Enlargement  Erie  and  Oswego  canals,  for  ship  canal,  whenever 

the  United  States  shall  furnish  the  funds. 

232.  Enlargement  of   Champlain  canal  for  ship  canal,  when  the 

United  States  shall  furnish  the  funds. 
223.  Dimensions  and  character  of  work,  how  determined. 

234.  Navigation  thereof,  how  regulated. 

235.  Appropriations,  how  expended. 

236.  No  debt, to  be  incurred  by  the  state. 

OF   THE   CANALS,    DESIGNATION   AND    DESCRIPTION. 

§  210.  (R.  &.,  §  1.)  The  navigable  communications  hereto- 
fore constructed,  and  now  in  the  progress  of  construction,  by 
the  state,  shall  be  known  and  designated  as  follows : 

1.  The  navigable  communication  connecting  the  waters  of 
Lake  Erie  with  those  of  the  Hudson  river,  and  all  the  side 
cuts,  feeders  and  other  works  belonging  to  the  state,  connected 
therewith,  by  the  name  of  the  "  Erie  canal." 

2.  That  connecting  the  waters  of  Lake  Champlain  with  those 
of  the  Hudson,  and  the  works  belonging  thereto,  by  the  name 
of  the  "  Champlain  canal." 

3.  That  commencing  at  Geneva,  and  terminating  near  Mon- 
tezuma,  and  connecting  the  waters  of  the  Seneca  lake  with  the 
Erie  canal,  and  the  works  belonging  thereto,  by  the  name  of 
the  "  Caynga  and  Seneca  canal." 

4.  That  commencing  at  Syracuse,  and  terminating  at  Oswego, 
by  the  name  of  the  "  Oswego  canal." 

[5.  (1829,  oh.  120.)  That  from  Crooked  lake,  down  the 
outlet  thereof,  to  Seneca  lake,  by  the  name  of  the  "  Crooked 
Lake  canal."] 

[6.  (1829,  ch.  135.)  That  from  the  head  waters  of  the 
Seneca  lake  to  the  Chemung  river  (a  branch  of  the  Susque- 
hanna)  at  the  village  of  Elmira,  and  also  a  navigable  feeder 
from  the  summit  level  to  the  Chimney  Narrows  on  the  Che- 
mung river,  in  the  town  of  Painted  Post,  by  the  name  of  the 
"  Chemung  canal."]1 

[7.  (1833,  ch.  32.)  That  from  Binghamton,  in  the  county 
of  Broome,  up  the  valley  of  the  Chenango  river  to  its  head 
waters,  and  thence  by  the  most  advantageous  route  to  the 
Erie  canal,  by  the  name  of  the  "  Chenango  canal."]1 

1  Ch.  227,  of  the  Laws  of  1854,  authorized  the  connection  between  the 
Junction  canal  at  Elmira  and  the  Chemung  canal  under  certain  regulations 
and  reservations,  see  ^  385,  post. 

*  Ch.  115,  of  1863.  directs  that  "the  canal  commissioners  shall,  from 
time  to  time,  aa  funds  shall  be  appropriated,  extend  the  Chenango  canal 


DESIGNATION  AND  DESCRIPTION.  129 

[8.  (1836,  ch.  157.)  That  from  the  foot  of  the  high  falls,  in  Black 
the  Black  river,  in  the  county  of  Lewis,  to  the  Erie  canal  at 
Rome,  and  a  navigable  feeder  from  the  Black  river  to  the 
Summit  level  near  the  village  of  Boonville,  by  the  name  of 
the  "Black  River  canal  and  Erie  canal  feeder,"  and  the  ulm- 
provement  of  Black  river  "  from  High  Falls  to  the  village  of 
Carthage,  so  as  to  make  the  same  navigable  for  steamboats 
drawing  four  feet  of  water.]1 

[9.  (1836,  ch.  257.)  That  from  the  Erie  canal,  in  the  city  Genesee 
of  Rochester,  through  the  valley  of  the  Genesee  river,  to  a 
point  at  or  near  Mount  Morris,  and  thence  to  the  Allegany 
river  at  or  near  Olean,  and  a  branch  commencing  at  or  near 
Mount  Morris,  and  extending  up  the  valley  of  the  Canaseraga 
creek,  at  or  near  the  village  of  Dansville,  by  the  name  of  the 
"  Genesee  Valley  canal."]3 

[10.  (1841,  ch.  195,  §  2.)     All  the  provisions  of  law  in  rela-  oneida 
tion  to  the  completed  canals  of  this  state,  so  far  as  the  same  canal 
may  be  applicable,  are  hereby  extended  to  the  Oneida   Lake 
canal  and  feeder,  and  to  the  Seneca  river  from  the  Oneida 
lake  to  Baldwin's  mills.]* 

from  its  present  termination  at  or  near  the  village  of  Binghamton,  down 
the  Susquehanna  Valley,  by  the  most  advantageous  route,  to  the  state  line 
near  Athens,  Pennsylvania."  With  provisions  relating  to  its  depth  and 
size,  restrictions  on  expenditures,  etc.  For  further  legislation  and  appro- 
priations on  Chenango  Valley  extension,  see  Laws  1864,  ch.  185  ;  1865,  ch. 
709 ;  1866,  chs.  304,  649  and  794 ;  1868,  chs.  346  and  715  ;  1869,  ch.  877  ; 
1870,  ch.  767;  1871,  ch.  930;  1872,  chs.  583,  700  and  850;  1873,  chs.  643 
and  708. 

Ch.  830,  of  1872,  authorized  the  commissioner  in  charge  to  sell  the 
perishable  property  belonging  to  the  state  on  the  Chenango  extension.  As 
to  use  of  tow-path  south  of  Binghamton  for  a  railroad,  see  §  401,  post. 

1  For  laws  relating  to  Black  River  canal  and  feeder,  see  "  canal  commis- 
sioners," art.  2  of  this  chapter,  g§  405  to  413.     The  act  of  1836  permits  the 
passage  of  the  waters  of  the  Black  River  to  the  Erie  canal,  by  turning  it 
into  Lansing's  kill  or  the  Mohawk  river. 

2  Ch.  305,  of  1846,  authorized  the  canal  board  to  assume  in  behalf  of  the 
state  the  Dansville  slip  and  basin,  and  provided  that  after  certain  condi- 
tions were  performed,  that  the  same  shall  be  a  part  and  parcel  of  the  Gen- 
esee Valley  canal.     For  appropriation  for  Loon  lake,  see  1872,  ch.  850. 

Ch.  247,  of  1857,  directed  the  canal  commissioners  to  extend  the  Genesee 
Valley  canal  "  from  a  point  near  the  canal  basin  at  Olean  to  Mill  Grove 
pond  on  the  Allegany  river,  a  distance  of  about  six  miles." 

This  extension  was  brought  into  use  and  the  Genesee  Valley  canal 
declared  completed  by  the  canal  board  May  25, 1863. 

3  For  legislation  relating  to  Oneida  lake,  river  and  canal,  Fish  and  Wood 
creeks,  see  Laws  1832,  ch.  53;  1835,  ch.  70;  1836,  ch.  443;  1838,  ch.  284; 

17 


130 


DESIGNATION  AND  DESCRIPTION. 


Certain 
canals 
com- 
pleted. 


Comple- 
tion of 
others, 
how  de- 
clared. 


Maps,  etc., 
of  canals. 
15  Barb. 
627. 


See  appen- 
dix, page 
A. 


Appor- 
tionment 
and  de- 
scription 
of  canal 
lands. 


Where 
filed. 


§  211.  (E.  S.t  §  2.)  The  Erie  and  Champlain  canals  are 
hereby  declared  to  be  completed,  and  all  the  powers  and 
authority  heretofore  given  by  law  to  the  canal  commissioners, 
in  relation  to  the  construction  of  those  canals,  shall  be  deemed 
to  have  been  executed. 

§  212.  (R.  $.,  §3.)  "Whenever  any  canal  now  in  the  pro- 
gress of  construction,  or  that  shall  hereafter  be  constructed, 
shall  be  completed,  the  canal  board  shall,  by  an  order,  declare 
the  fact  of  such  completion,  and  from  that  time  all  the  powers 
and  authority  of  the  canal  commissioners,  in  relation  to  the 
construction  of  such  canal,  shall  cease. 

§  213.  (It.  /£,  §  4.)  A  complete  manuscript  map  and  field 
notes,  of  every  canal  that  now  is,  or  hereafter  shall  be  com- 
pleted, and  of  all  the  lands  belonging  to  the  state  adjacent 
thereto  or  connected  therewith,  shall  be  made,  on  which  the 
boundaries  of  every  parcel  of  such  lands,  to  which  the  state 
shall  have  a  separate  title,  shall  be  designated,  and  the  names 
of  the  former  owners  and  the  date  of  each  title  be  entered. 
The  expense  thereof  shall  be  paid  out  of  the  canal  fund.  If 
the  canal  commissioners,  on  examination  of  the  premises,  be 
satisfied  that  the  cost  and  expense  of  making  such  map,  field 
notes  and  survey,  will  exceed  the  sum  of  five  thousand  dollars, 
no  such  map  and  field  notes  shall  be  compiled. 

§  214.  (It.  S.,  §  5.)  Every  such  map  shall  be  compiled  by 
the  canal  commissioners,  who  shall,  for  that  purpose,  cause  all 


1839,  ch.  284.  The  canal  to  be  purchased  by  the  state :  1840,  ch.  258  ; 
1841,  chs.  195  and  238 ;  1846,  ch.  325 ;  1847,  ch.  261 ;  1849.  ch.  221  and  425  ; 
1851,  cha.  308  and  407;  1852,  ch.  230;  1853,  ch.  64;  1854,  ch.  220;  1855, 
ch.  531 ;  1856,  ch.  165 ;  1859,  ch.  425 ;  1860,  ch.  46 ;  1862,  chs.  74  and  486 ; 
1864,  ch.  476;  1867,  ch.  934;  1868,  ch.  407;  1869,  chs.  815  and  913;  1870, 
ch.  737  ;  1871,  chs.  778  and  930  ;  1872,  chs.  700  and  850 ;  1873,  chs.  643  and  766. 

Ch.  934,  of  1867,  directed  the  enlargement  of  the  Oneida  Lake  canal,  and 
authorized  a  change  of  line  for  certain  causes,  prescribed  tolls  through  the 
lake,  etc.  The  sixth  section  is  as  follows : 

"  §  6.  A  change  of  the  location  of  said  canal,  in  whole  or  in  part,  shall  not 
be  deemed  or  considered  as  a  release  or  abandonment  by  the  state  of  the 
ownership  of  the  Oneida  creek  feeder,  but  said  feeder  shall  be  maintained 
and  all  the  waters  thereof  taken  into  the  Erie  canal." 

As  to  damages  growing  out  of  Oneida  river  improvement,  etc.,  see  canal 
appraisers'  report,  1868,  p.  7. 

Hy  ch.  S50,  of  1872,  a  change  of  plan  of  completion  is  permitted,  to  be 
determined  by  the  canal  commissioner  and  state  engineer. 


ENLARGEMENT,  IMPROVEMENT,  ETC.  131 

necessary  surveys  to  be  made ;  when  prepared,  it  shall  be  sub- 
mitted to  the  canal  board  for  its  approbation ;  and  when  so 
approved,  shall  be  signed  by  the  canal  commissioners,  be  cer- 
tified by  them  as  correct,  and  be  filed  in  the  office  of  the 
comptroller.1 

§  215.  (Modified  1848,  eft.  162.)  A  copy  of  each  map  so 
filed,  togther  with  the  field  books  and  notes  of  such  survey,  or 
of  such  part  thereof  as  the  canal  board  shall  direct,  shall  be 
transmitted  by  the  comptroller  to  every  county  intersected  by 
the  canal  to  which  the  map  shall  relate,  and  shall  be  filed  in 
the  clerk's  office  of  such  county.1 

§  216.  (R.  >£,  §  7.)     A  transcript  from  the  original  map,  or  Copy  to  be 

evidence. 

from  a  copy  thereof,  certified  as  correct,  by  the  officer  with  is  Barb, 
whom  such  map  or  copy  shall  be  filed,  shall  be  received  as  pre- 
sumptive evidence,  in  all  judicial  and  legal  proceedings. 

§  217.  (1837,  ch.  451,  §  6.)  The  original  maps  of  the  canals  Maps  of 
of  this  state,  which  purport  to  have  been  made  and  completed  evidence 

r  of  title  to 

under  and  in  virtue  ot  the  first  article  of  title  nine,  chapter  land, 
nine  of  the  first  part  of  the  Revised  Statutes,  which  said  maps 
are  now  filed  in  the  office  of  the  comptroller  ,*  and  such  maps 
of  said  canals  as  hereafter  shall  be  made,  completed,  approved, 
signed,  certified  and  filed  under  and  in  virtue  of  the  act  referred 
to,  are  hereby  declared  to  be  presumptive  evidence  that  the 
lands  indicated  on  said  maps  as  belonging  to  the  state,  have 
been  taken  and  appropriated  by  the  state  as  and  for  the  canals ; 
and  a  transcript  from  any  such  maps,  certified  as  required  by 
the  act  referred  to,  shall  be  of  equal  effect  with  the  original. 

§  218.  (H.  $.,  §  8.)  The  provisions  of  this  title  shall  be  con-  Appiica- 
strued  to  apply  to  every  canal  belonging  to  the  state,  of  which  this  title, 
the  construction  now  is  or  hereafter  shall  be  authorized  by  law. 

ENLARGEMENT,  IMPROVEMENT,  ETC. 

§  219.  (1854,  ch.  329,  §  2.)  *  *  *  The  Erie,  the  Oswego, 
and  the  Cayuga  and  Seneca  canals,  shall  be  enlarged  to  the 
general  dimensions  of  seventy  feet  in  width  upon  the  surface,  f3'  7N:Y 

1  Since  1841,  ch.  218,  all  maps  and  papers  relating  to  the  canals  have  been 
filed  in  the  canal  department,  and  since  1848,  ch.  162,  the  duties  relating 
thereto  formerly  discharged  by  the  comptroller  have  devolved  upon  the 
auditor. 


132  DESIGNATION  AND  DESCRIPTION. 

by  seven  feet  in  depth,  except  where,  in  the  opinion  of  the  canal 
board,  greater  dimensions  may  be  necessary  to  supply  a  suffi- 
cient quantity  of  water  for  the  purpose  of  navigation  and  for 
the  construction  and  completion  of  such  basins  as  may  be 
deemed  necessary,  by  the  canal  board,  and  also,  except  in  locali- 
ties where  a  due  regard  to  economy  and  the  interests  of  the  state 
require  that  such-  specified  width  should,  in  the  opinion  of  the 
canal  board,  be  varied.1 

Do.  §  220.   (1860,  ch.  213,  §  3;  amended  1861,  ch.  332.)     The 

enlargement  of  the  Erie,  the  Oswego,  and  the  Cayuga  and 
Seneca  canals,  shall  be  so  far  completed  in  the  spring  of 
1860,  before  they  are  opened  for  navigation,  as  to  give  the 
full  depth  of  seven  feet  channel  and  the  full  width  of  sev- 
enty feet  to  all  the  completed  portions  thereof;  and  upon 
any  uncompleted  portions  the  full  depth  of  seven  feet,  and  as 
much  width  as  shall  be  necessary  for  loaded  boats  drawing  six 
feet  of  water  to  pass  each  other,  without  hindrance  or  delay ; 
and  seven  feet  depth  of  water  shall  thereafter  be  steadily  main- 
tained upon  all  portions  of  said  canals  during  the  navigable 
season,  and  the  said  canals,  and  also  the  Genesee  Yalley  and 
Black  River  canals,  shall  be  entirely  completed,  and  the  con- 
struction accounts  thereof  fully  ended  and  closed  before  the  first 
day  of  June,  1861. 

Bevels  oi        8  221.  (Same  ch.,  §  4.)     The  canal  commissioners  are  author- 

locks 

ized  and  required  to  cut  out  the  bevels  from  the  bottom  of  the 
locks  on  the  Erie,  the  Oswego,  and  the  Cayuga  and  Seneca 
canals  whenever  it  shall  be  necessary,  so  as  to  give  a  uniform 
width  of  eighteen  feet,  as  nearly  as  may  be,  upon  the  mitre 
sill.  Also  to  raise  such  of  the  bridges  over  said  canals  as  are 
not  now  twelve  feet  from  the  top  of  the  water  when  the  canal 
is  full,  to  that  height.  *  *  *  The  expenses  incurred  under 
this  section  shall  be  paid  out  of  the  funds  appropriated  to  the 

1  The  first  laws  for  doubling  the  locks  and  commencing  the  enlargement 
of  the  Brie  canal  were  passed  in  1834,  ch.  312,  and  1835,  ch.  274. 

Under  these  laws  the  canal  board  decided  that  the  Erie  canal  should  be 
enlarged  to  seven  feet  depth  of  water  and  seventy  width  of  surface.  That 
the  enlarged  locks  should  be  one  hundred  and  ten  feet  long  between  the 
quoin  posts  and  eighteen  feet  width  of  chamber.  Vide  report  of  canal 
board,  assembly  document  No.  98  of  1836.  Also,  see  1840,  chs.  37  and  161 ; 
1841,  ch.194;  1842,  ch. 114;  1844,  ch.  278;  1846,  ch.  326. 

The  enlargement  and  "revenue  certificate"  law  of  1851  was  declared 
unconstitutional.  3  Barb.  63  and  188  ;  3  Selden,  9,  and  was  repealed  in  1854. 


ENLARGEMENT,  IMPROVEMENT,  ETC.  133 

several  canals  by  this  act,  if  not  otherwise  provided  for,  and  the 
work  shall  be  done  as  soon  as  practicable. 

§  222.  (1862,  ch.  169,  §  1.)     All  contracts  for  the  enlarge-  Enlarge- 
ment and  completion  of  the  canals  of  this  state,  as  contem-  dared 
plated  by  section  three  of  article  seven  of  the  constitution,  and  pieted. 
not  hereinafter  provided  for,  shall  be  executed  and  performed 
in  accordance  with  the  plans,  maps  and  specifications  heretofore 
prescribed  and  adopted  on  or  before  the  first  day  of  September 
next  after  the  passage  of  this  act,  and  the  accounts  for  the  said 
enlargement  and  completion  shall  be  closed  as  soon  thereafter 
as  may  be,  and  no  more  work  shall  thereafter  be  done,  or  mate- 
rials procured,  under  pretense  of  enlarging  and  completing  said 
canals,  and  the  same  shall  be  deemed  and  considered  finished 
and  completed,  and  from  that  time  all  the  powers  and  authority 
of  the  contracting  board  in  relation  to  the  enlargement,  com- 
pletion and  construction  of  such  canal  shall  cease. 

§  223.  (Same  ch.,  §  2.)     After  the  passage  of  this  act  the  canal 
canal  board  shall  not  have  power  to  change  the  plan  of  finishing  Mbit'ed 

,  ,  ,  ,      .  .  ,    from 

and  completing  the  work  of  enlarging  and  completing  said  changing 
canals  as  heretofore  fixed  and  determined  by  the  resolutions  of  compiet- 
said  board ;  nor  shall  the  said  board  have  the  power  to  change 
the  plan  of  construction  of  a  completed  canal,  its  banks,  locks, 
waste-weirs,  culverts,  bridges,  or  any  other  structure  or  matter 
or  thing  connected  therewith,  except  to  allow  and  certify  to 
such  works  of  extraordinary  repairs  and  improvements  in  a 
completed  canal  as  is  contemplated  by  the  existing  statutes  of 
the  state. 

§  224.  (184:0,  ch.  307,  §  1.)     The  canal   commissioners   are  Hamburgk 

and  M  ain 

hereby  authorized  to   complete  the    "  Hamburgh   and   Main  street 
street  basin,"  in  the  city  of  Buffalo,  agreeable  to  the  plan  and  Buffalo, 
estimate  of  Alfred  Barrett,  contained  in  his  report  to  the  canal 
commissioners  in  compliance  with  a  resolution  of  the  assembly, 
passed  April  19,  1839,  provided  the  corporation  of  the  city  of 
Buffalo  and  the  common  council  shall,  before  the  commence- 
ment of  any  work  therein,  cede  to  the  state  a  full  and  perfect 
title  to  the  lands  appropriated  and  necessary  for  the  said  basin 
without  cost  or  charge  to  the  state.1 

1  For  legislation  relating  to  Main  and  Hamburgh  street  canal,  see  Laws 
1838,  ch.  116;  1839,  page  372;  1840,  ch.  307;  1847,  ch.  445;  1848,  ch.  213.; 
1850,  ch.  354;  1851,  ch.  285  ;  1870,  ch.  650. 

NOTE.  — By  chapter  943  of  the  Laws  of  1871,  the  legislature  authorized 


134 


DESIGNATION  AND  DESCRIPTION. 


Clark  and  §  225.  (1863,  ch.  40,  §  1.)  For  the  purpose  of  accomplishing 
canai,  the  objects  expressed  in  the  resolution  of  the  canal  board  of 
the  18th  and  19th  of  April,  1843,  so  far  as  the  same  remain 
unexecuted  in  regard  to  the  Clark  and  Skinner  canal  or  slip, 
in  the  city  of  Buffalo,  and  of  the  views  of  the  canal  board  in 
relation  to  the  same  subject,  as  expressed  in  the  report  of  the 
said  board  to  the  assembly,  dated  September  27,  1847,  assem- 
bly document  ]$To.  205,  the  canal  board  is  hereby  authorized  to 
accept  the  Clark  and  Skinner  canal  or  slip  as  contemplated  by 
the  said  resolution  and  report,  and  the  said  canal  board  is 
hereby  further  authorized  to  accept  from  the  city  of  Buffalo 
a  conveyance  and  transfer  of  the  said  Clark  and  Skinner  canal 
or  slip,  to  the  people  of  this  state,  and  also  any  and  all  other 
necessary  conveyances,  releases  and  acquittances  to  the  people 
of  this  state  from  individuals  or  corporations,  to  vest  the 
absolute  title  and  property  of  the  said  canal  or  slip  in  the 
people  of  the  state  of  New  York,  with  the  banks,  towing- 
paths,  bridges  and  other  structures  now  being  thereon.1 

improve-        §226.  (1860,  oh.  213,  §  2.)     The  whole  of  the  tax  levied 
ciiampiain  and  collected  each  year  under  the  first  section  of  this  act,  shall 
Giens         be  paid  into  the  treasury  of  this  state  to  the  credit  of  the 
feeder.       canal  fund,  and  shall  be  and  is  hereby  appropriated  as  follows : 
*     *     *     To  the  improvement  of  the  Champlain  canal  and 
Glens  Falls  feeder,  in  such  manner  as  to  give  in  its  entire 
length  a  uniform  depth  of  five  feet  of  water,  and  a  uniform 
width  of  thirty-five  feet  on  the  bottom,  as  nearly  as  it  can  be 
judiciously  done  in  the  opinion  of  the  canal  board,  and  to  re- 
build the  residue  of  the  locks  on  said  canal,  as  soon  as  the 
demands  of  navigation  may  require  them  to  be  rebuilt,  and  to 


the  canal  board  "to  cut  down  the  state  dam  at  the  mouth  of  Tonawanda 
creek  two  feet,  and  to  excavate  rock  and  earth  in  the  canal  and  Tonawanda 
creek,  between  Lockport  and  Tonawanda,  so  that  there  should  be  no 
obstruction  to  canal  navigation,  if,  in  their  opinion,  the  same  is  necessary," 
and  appropriated  $100,000  for  said  work  out  of  any  moneys  appropriated, 
or  to  be  appropriated,  for  ordinary  repairs  of  the  canals. 

The  canal  board  held,  in  October,  1871  (see  proceedings,  page  201),  that  it 
was  without  power  to  prosecute  the  work  by  reason  of  the  constitutional 
provision,  which  prohibits  the  application  of  the  canal  revenues  to  the  con- 
struction of  new  work.  See  also  1868,  ch.  880,  and  Burbank  v.  Fay,  5 
Lansing's  Reports,  397. 

1  See  1804,  ch.  469;  1865,  ch.  67o  ;  18(58,  ch.  715. 


ENLARGEMENT,  IMPROVEMENT,  ETC.  135 

stop  the  leaks  iii  the  Glens  Falls  feeder,  the  sum  of  one  hun- 
dred and  seventy  thousand  dollars.1 

§  227.  (1870,  ch.  788,  §  1.)  There  shall  be  imposed  for  the 
fiscal  year  commencing  on  the  first  day  of  October,  eighteen 
hundred  and  seventy,  in  addition  to  any  other  tax  levy,  a  tax 
of  twenty-five  thousand  dollars,  and  for  the  fiscal  year  com- 
mencing on  the  first  day  of  October,  eighteen  hundred  and 
seventy-one,  in  addition  to  any  other  tax  levy,  a  tax  of  four 
hundred  thousand  dollars  on  the  real  and  personal  property 
taxable  in  this  state,  to  be  assessed,  raised  and  collected  upon 
and  by  the  annual  assessments  and  collection  of  taxes  for  each 
of  said  fiscal  years,  in  the  manner  prescribed  by  law,  to  be  paid 
by  the  county  treasurers  respectively,  into  the  treasury  of  this 
state,  to  be  there  received,  held  and  paid  for  the  objects  and 
purposes  prescribed  in  this  act. 

§  228.  (Same  ck.,  §  2.)  The  whole  of  the  tax  levied  and 
collected  under  the  first  section  of  this  act  shall  be  paid  into 
the  treasury  of  the  state  to  the  credit  of  the  canal  fund,  and  is 
hereby  appropriated  and  shall  be  applied  as  follows :  The  said 
sum  of  four  hundred  and  twenty-five  thousand  dollars,  the 
proceeds  of  said  tax,  shall  be  applied  and  expended  for  and 
toward  the  enlargement  of  the  Champlain  canal  in  such  man- 
ner as  to  give  throughout  the  entire  length  of  such  canal  a 
uniform  depth  of  seven  feet  of  water,  and  width  of  forty-four 
feet  on  the  bottom,  and  fifty-eight  feet  at  water-surface,  except 
as  in  the  opinion  of  the  canal  board  may  be  required  for  busi- 
ness purposes,  when  in  that  case  the  walls  may  be  made  verti- 
cal, but  retaining  the  same  depth  of  water  and  width  at  water 
surface,  and  no  part  of  the  said  appropriation  shall  be  applied 
on  or  for  any  other  object  or  purpose  until  the  above  enlarge- 
ment shall  be  made  and  completed. 

§  229.  (Same  ch.,  §  3.)  The  state  engineer  is  hereby  author-  Surveys 
ized  and  it  is  made  his  duty  to  make  or  cause  to  be  made  the 
necessary  surveys,  maps,  plans  and  estimates  of  such  proposed 
enlargement  at  the  earliest  time  practicable,  and  by  the  first 
day  of  October,  eighteen  hundred  and  seventy,  and  under  the 
provisions  of  chapter  four  hundred  and  seventy-seven  of  the 

1  For  farther  legislation  for  "  improvement  of  Champlain  canal,"  see  Laws 
1862,  ch.  137  and  ch.  169,  §  6 ;  1864,  ch.  186 ;  1866,  ch.  156 ;  1868,  ch.  715 ; 
869,  ch.  877 ;  1870,  chs.  767  and  788. 


136  DESIGNATION  AND  DESCRIPTION. 

laws  of  eighteen  hundred  and  sixty-five,  and  locate  the  line  of 
said  work.  No  part  or  portion  of  the  moneys  herein  appro- 
priated except  to  pay  the  expenses  of  said  surveys,  shall  be 
expended  or  paid,  nor  shall  any  contract  involving  such  expen- 
ditures and  payment  be  made  on  behalf  of  this  state  until  the 
maps,  plans  and  estimates  for  such  work  shall  have  been  sub- 
mitted to  and  approved  by  the  canal  board,  and  the  work  shall 
be  advertised  and  let  to  the  lowest  bidder. 

os-  |  230.  (Same  ch.,  §  4.)  On  the  revision,  approval  or  adop 
tion  by  the  canal  board  of  the  maps,  plans  and  estimates,  as 
provided  in  section  three  of  this  act,  the  canal  commissioners 
shall,  from  time  to  time,  advertise  and  let  to  the  lowest  bidder, 
so  much  of  the  said  work  as  may  be  ordered  by  the  said  canal 
board,  and  it  shall  be  the  duty  of  the  canal  commissioners,  and 
they  are  hereby  required,  to  have  all  work  on  the  improvement 
of  the  Ohamplain  canal  authorized  by  chapter  one  hundred 
and  eighty-six  of  the  laws  of  eighteen  hundred  and  sixty-four, 
and  under  subsequent  appropriations  for  the  same  purpose,  and 
now  in  progress,  so  constructed  as  to  conform  to  the  dimensions 
prescribed  in  section  two  of  this  act,  and  upon  the  line  of  en- 
largement as  determined  by  the  canal  board,  if  the  contractor 
or  contractors  performing  such  work  under  contracts  that  shall 
be  in  existence  on  the  first  day  of  October  next  shall  consent 
to  such  requirements,  or  such  contractor  or  contractors  may 
surrender  his  or  their  contracts  entered  into  for  the  perform- 
ance of  said  work,  or  the  canal  board  may  by  resolution  annul 
the  same  ;  and  the  canal  board  are  hereby  authorized  to  make 
a  final  settlement  with  all  the  said  contractors  who  may  elect 
to  surrender  their  contracts,  or  whose  contracts  may  be  annulled 
as  aforesaid,  as  fully  as  if  said  contracts  had  been  completed. 
After  said  surveys,  maps,  plans  and  location  of  the  line  of 
enlargement  shall  have  been  approved  by  the  canal  board,  and 
the  said  improvement  contracts  shall  have  closed,  or  a  sufficient 
sum  in  the  judgment  of  said  board  shall  have  been  left  for  the 
purpose  of  fulfilling  the  same,  all  of  the  unexpended  balance 
of  any  moneys  appropriated  for  the  improvement  of  the  Cham- 
plain  canal  shall  be  transferred  to  the  fund  provided  for  in  this 
act  for  the  enlargement  of  the  Champlain  canal.1 


1  See  canal  board  proceedings,  1870,  pp.  51,  86,  92,  251  ;  1871,  pp.  161,  165 
and  plans  adopted,  190. 


ENLARGEMENT,  IMPROVEMENT,  ETC.  137 

§  231.  (1862,  ch.  415,  §  1.)  '  Whenever  the  government  of  u.  s.  en- 
the  United  States  shall  provide  the  means,  either  in  cash  or  Eril  Sid" 
their  six  per  cent  stock  or  bonds,  redeemable  within  twenty  canals  for 

shi  p 

years,  for  defraying  the  cost  of  enlarging  a  single  tier  of  locks,  canal, 
or  building  an  addition  tier  in  whole  or  in  part  upon  the  Erie 
and  the  Oswego  canals,  including  any  necessary  alteration  of 
said  canal  s,  or  their  structures,  to  a  size  sufficient  to  pass  vessels 
adequate  to  the  defense  of  northern  and  northwestern  lakes, 
the  canal  board  shall,  without  delay,  put  such  work  under  con- 
tract, in  the  manner  now  required  by  law,  to  be  constructed 
and  completed  at  the  earliest  practicable  period,  without  serious 
interruption  to  navigation,  with  power,  in  the  discretion  of  the 
canal  board,  to  direct  the  construction  of  new  and  independent 
locks,  when  found  more  advantageous.  The  said  canal  board 
shall,  whenever  the  government  of  the  United  States  shall  pro- 
vide the  means  as  aforesaid,  construct  a  canal  of  the  requisite 
dimensions  and  capacity,  from  the  Erie  canal,  at  or  near  the 
village  of  Clyde,  to  some  proper  point  on  the  Great  Sodus  bay 
or  Lake  Ontario. 

§  232.  (Same  ch.,  §  2.)     The  canal  board  are  also  hereby  u.  s.  en- 
authorized  in  like  manner  to  enlarge  the  Champlain  canal,  and  of  cham- 
its  locks  and  other  structures,  to  a  size  sufficient  to  pass  vessels  canal  for 
of  like  capacity,  in  case  the  government  of  the  United  States 
shall,  in  like  manner,  provide  the  means  required  for  that  pur- 
pose. 

§  233.  (Same  ch.,  §  3.)     The  dimensions  and  character  of  Dimen- 
all  the  work  hereinabove  mentioned,  shall  be  determined  by  how  de- 

•,,,,.  ,  .        .  termined. 

the  canal  board,  subject  to  the  examination  and  concurrence 
of  the  war  department  of  the  government  of  the  United  States- 
Contracts  for  any  of  said  work  may  be  made  payable  in  the 
said  six  per  cent  stock  and  bonds  of  the  United  States,  if  the 
commissioners  of  the  canal  fund  shall  so  elect. 

§  234.  (Same  ch.,  §  4.)     On  completing  the  said  work  on  Naviga- 
either  of  the  said  canals,  the  government  of  the  United  States  etc. 
shall  have  the  perpetual  right  of  passage  through  the  canals 
thus  enlarged  or  built,  free  from  toll  or  charge,  for  its  vessels 
of  war,  boats,  gunboats,  transports,  troops,  supplies  or  muni- 


1 "  An  act  to  adapt  the  canals  of  this  state  to  the  defense  of  the  northern 
and  northwestern  lakes,"  passed  April  22,  1862,  ch.  415. 

18 


138  OF  THE  CANAL  COMMISSIONERS. 

tions  of  war,  subject  to  the  general   regulations  prescribed  by 
the  state  from  time  to  time,  for  the  navigation  of  its  canals. 

Appropria-  §  235.  (Same  ch.,  §  5.)  Any  moneys  or  other  means  which 
may  be  received  from  the  government  of  the  United  States,  to 
pay  for  any  of  said  work,  are  hereby  appropriated  to  be 
expended  for  the  purposes  hereinabove  mentioned. 

NO  state          §  236.  (Same  ch.,  §  6.)     But  nothing  in  this  act  contained 
made.         shall  authorize  the  contracting  or  incurring  of  any  debt  or  lia- 
bility, directly  or  indirectly,  on  the  part  of  the  state,  or  the 
expenditure  of  any  means  or  money  of  the  state  of  New  York 
for  the  purposes  specified  in  this  act.1 


AKTICLE  II. 

OF   THE  CANAL    COMMISSIONERS  AND  THEIR   GENERAL    POWERS  AND 

DUTIES. 

SECTION  250.  Election  of  commissioners,  and  terms  of  office. 

251.  General  powers  and  duties. 

252.  Commissioners  to  give  bond. 

253.  When  to  be  renewed. 

254.  Compensation  and  mileage. 

255.  Choice  of  president  and  secretary. 

256.  Of  calling  board  together. 

257.  Majority  of  board  to  do  business. 

258.  Board  may  employ  agents,  compensation. 

259.  Commissioners  to  have  power  to  make  feeders,  etc.,  for  proper 

construction  of  canals  authorized  by  law,  and  to  take  pos- 
session of  all  necessary  lands,  etc. 

260.  Extraordinary  repairs,  how  made. 

261.  Such  repairs  to  be  completed  as  soon  as  practicable ;  neces- 

sary lands,  etc.,  may  be  taken  possession  of. 

262.  Public  roads  may  be  altered  or  discontinued  when  necessary. 

263.  Description  of  road  altered  or  discontinued,  to  be  drawn  up 

and  filed  in  town  clerk's  office. 

1  See  concurrent  resolution  1859,  p.  1205,  relative  to  the  harbor  in  Buffalo, 
and  harbors  on  the  chain  of  lakes. 

For  legislation  relative  to  particular  portions  of  the  canals  of  the  state, 
see  art.  2  of  this  chapter,  "  Of  the  canal  commissioners." 

1863,  p.  906,  concurrent  resolution  asks  for  survey  for  enlarging  locks,  etc. 

1865,  ch.  472,  and  1866,  ch.  33,  provided  for  a  survey  of  the  Hudson  river, 
from  Waterford  to  Fort  Edward.  Sea  report,  senate  documents,  1867,  Vol. 
2,  No.  37. 

See  concurrent  resolution  of  May,  1873,  appointing  committee  to  confer 
with  committee  of  U.  S.  Congress  on  inland  communication  and  cheap  trans- 
portation. 


GENERAL  POWERS  AND  DUTIES.  139 

SECTION  264.  Passage  of  road  discontinued,  etc.,  not  to  be  obstructed  till 
new  road  passable. 

265.  Alterations  heretofore  made  to  be  deemed  valid. 

266.  Power  as  to  railroads  passing  over  or  within  ten  rods  of  canal. 

267.  Grade  of  railroads  crossing  canal  or  feeder  may  be  changed ; 

damages. 

268.  When  navigation  interrupted,  injury  causing  it  to  be  imme- 

diately repaired,  and  may  cut  up  or  destroy,  if  necessary, 
any  boat  or  vessel. 

269.  Deficiency  of  water  to  be  supplied  without  delay. 

270.  Damages  to  be  paid  for  temporary  use  of  lands  and  waters. 

271.  To  erect  and  keep  toll-houses,  etc.,  in  repair. 

272.  Canal  board  to  make  regulations  concerning  the  navigation 

of  the  canals. 

273.  Regulations  to  be  printed  and  distributed. 

274.  Regulations,  how  authenticated. 

275.  A  portion  of  the  canals  to  be  assigned  to  each  commissioner. 

276.  Powers  and  duties  unimpaired  by  repeal  of  repair  contract 

system  ;  divisions,  how  changed. 

277.  General  powers  and  duties. 

278.  To  visit  line  of  canal,  engineer  may  perform  this  duty  in  cer- 

tain cases. 

279.  To  take  duplicate  receipts  for  moneys  paid. 

280.  Purchases  to  be  made  for  cash,  each  voucher  to  be  filled  up 

at  the  time  it  is  taken,  with  proof  thereof  if  necessary ; 
auditor  to  prescribe  rules  and  forms. 

281.  To  remove  obstructions  from  canal  lands. 

282.  Canal  officers  may  require  affidavits  and  administer  oaths. 

CLAIMS   AND   APPEALS. 

283.  To  attend  before  the  canal  appraisers  in  person  or  by  agent, 

and  procure  attendance  of  witnesses. 

284.  Auditor  to  act  when  commissioner  disqualified. 

285.  Appeals  from  decisions  of  appraisers  to  be  to  the  canal  board. 

286.  Such  appeals  shall  be  made  in  writing ;  notices  of,  how  served 

287.  Canal  appraisers  to  file  transcript  of  decision  in  clerk's  office  ; 

appeals  must  be  made  within  three  months. 

288.  Appeals  may  be  taken  from  decisions  of  appraisers  under 

special  acts. 

289.  Shall  be  taken  within  three  months. 

290.  Notices  of  appeal  may  be  signed  by  one  commissioner. 

CONTRACTS. 

291.  Contracts  to  be  made  for  work  or  materials. 

292.  Division  engineers  to  make  maps,  surveys,  plans,  etc. 

293.  Division  engineers  to  make  estimates  of  quantities,  etc.,  be- 

fore lettings  are  made. 

294.  Contracts  for  construction,  repairs  and  improvements  to  be 

made  in  writing. 

295.  Copies  of  contracts,  how  deposited. 

296.  Publication  of  proposals  for  contracts. 

297.  Proposals  to  be  definite  and  certain. 


140  OF  THE  CANAL  COMMISSIONERS. 

SECTION  298.  No  more  than  one  proposition  to  be  received  from  any  one 
person  for  same  contract. 

299.  May  require  deposits  from  contractors ;   how   disposed  of , 

may  prescribe  regulations  for  lettings,  etc. 

300.  Contracts  shall  provide  for  the  payment  of  all  damages  caused 

by  the  negligence  of  contractors. 

301.  Security  to  be  given  by  contractor ;  penalty  for  violation  of 

contract. 

302.  Contractors  to  give  bonds  for  the  payment  of  laborers,  where 

filed. 

303.  Suits  on  the  bond  may  be  commenced  before  a  justice. 

304.  Several  and  successive  suits  may  be  brought  thereon ;  must 

be  brought  within  thirty  days  after  completion  of  labor. 

305.  Alterations  not  to  be  made  in  contracts  except  in  writing  and 

by  the  canal  commissioners. 

306.  Not  to  make  extra  allowances  to  contractors. 

307.  Materials  procured  under  contract  exempt  from  execution. 

308.  Contractors,  how  paid. 

309.  Money  not  to  be  paid  to  contractors  except  on  engineers'  cer- 

tificate and  oath. 

310.  Engineers'  certificate  to  accompany  contractor's  receipt. 

311.  Engineers  to  keep  a  book  of  measurements,  etc. 

812.  Auditor  to  refuse  payment  of  drafts,  unless  accompanied  by 

certificates,  sworn  to  and  verified. 

813.  Commissioner  may  certify  to  final  estimates. 

ENGINEERS. 

314.  Drafts  for  expenses  of  engineers'  department.    Advances  not 

to  exceed  five  thousand  dollars  at  any  one  time. 

315.  Engineer  to  execute  and  file  bond,  before  advances  are  made. 

316.  Engineers  must  account  once  in  ninety  days. 

317.  Engineers'  accounts  before  allowance  must  be  certified  to  by 

a  commissioner. 

ACCOUNTS   AND    REPORTS. 

818.  Damages  and  penalties  recovered  by  commissioners  to  be 
paid  into  the  treasury. 

319.  Commissioners,  etc.,  in  any  civil  suit,  cannot  be  held  to  bail, 

or  taken  by  warrant  for  any  official  act. 

320.  Work  on  enlargement  to  be  kept  distinct  from  repairs. 

321.  No  commissioner  to  have  in  his  hands  more  than  ten  thou- 

sand dollars  at  any  one  time. 

322.  Commissioners  to  account  to  auditor,  and  when  ;   auditor  to 

report  same  to  legislature. 
823.  When  commissioners  to  make  their  report ;  its  contents. 

324.  Time  of  completion  of  report. 

SUPERINTENDENTS. 

325.  Superintendents  to  make  detailed  estimates  of  anticipated 

objects  of  expenditure. 

326.  To  be  certified  to  by  commissioner ;  auditor  to  make  advances 

327.  Commissioner  to  certify  to  f^uch  amount  as  he  may  deem 

necessary  for  each  work  or  object. 


GENERAL  POWERS  AND  DUTIES.  141 

SECTION  328.  Manner  of   purchasing  tools,  etc.,  for  canal  repairs,  under 
ch.  278,  of  1847. 

329.  Proposals  for  furnishing. 

330.  Contractors  to  give  security  for  performance  of  contracts. 

331.  Penalty  for  neglect  to  perform  their  contracts. 

332.  Purchase  of  tools,  etc.,  in  event  of  a  breach  or  other  emer. 

gency. 

333.  Tools  furnished  by  contractor  to  be  examined  by  a  commis- 

sioner. 

334.  Contracts  to  provide  for  an  equitable  and  speedy  adjustment 

of  questions. 

335.  Payments  for  tools,  etc.,  purchased  on  contracts. 

336.  Commissioners   may  direct  the   purchase  of  tools  without 

advertising  for  proposals  if  they  deem  it  expedient. 

337.  Contracts  for  materials  and  work,  how  and  where  filed. 

338.  Superintendents    not  to  contract    for  tools,  materials,  etc., 

except  upon  certificate  of  commissioner.  Penalty  for 
expending  moneys,  except  for  the  purposes  specified  in 
detailed  estimates. 

339.  Compensation  to  be  paid  by  superintendents  for  labor  to  be 

fixed  by  the  board  of  canal  commissioners. 

340.  Eight  hours  to  constitute  a  legal  day's  work. 

341.  To  whom  the  act  applies. 

342.  Penalties  for  violation  of  by  officers  of  the  state. 

343.  Penalties  for  violation  of  by  contractors. 

ALBANY  BASIN. 

344.  Albany  basin  loan. 

345.  To  be  paid  to  the  city  of  Albany  and  for  what  purpose. 

346.  Provision  for  payment  of  tolls  to  pier  owners  repealed. 

347.  Act  of  1849,  chapter  200,  to  be  a  final  settlement. 

348.  Basin  tolls  to  be  computed  as  for  one  mile  in  length. 

349.  To  be  improved  as  per  map  in  state  engineer's  report  for 

1865. 

350.  New  line  of  docks  on  west  side. 

351.  Damages  to  bridges  to  be  paid  by  city. 

352.  Opening  in  pier  at  foot  of  Maiden  lane  may  be  contracted. 

Lands  regained,  how  disposed  of. 

353.  Opening  to  be  made  in  pier  between  railroad  and  Columbia 

street  bridges. 

354.  Damages  for  such  opening  to  be  paid  by  the  city  of  Albany. 

Bond  to  be  given. 

355.  Appropriation  for  opening.     Navigation  of  basin  to  be  main- 

tained to  the  depth  of  mitre-sill  of  lock  No.  1. 

356.  Wharfage  in  the  harbor  of  Albany.     Not  to  apply  to  canal 

boats  unless  receiving  or  discharging  cargoes. 

357.  Certain  work  to  be  done  on  the  opinion  of  the  attorney-gen- 

eral. 

358.  The  work  not  to  be  deemed  a  recognition  of  the  liability  of 

the  state.  Liability  of  the  city  of  Albany.  Consent  of 
the  citj  and  pier  company  necessary. 

359.  Certificate  to  be  filed  of  the  necessity  of  the  work. 


142  OF  THE  CANAL  COMMISSIONERS. 

SECTION  360.  Actions  against  the  city  of  Albany  for  damages  caused  by 
the  freshet  of  January,  1869.  Proceedings,  provisions, 
liabilities,  etc. 

ONONDAGA   SALT   8PRINGS. 

861.  Superintendent  of,  to  estimate,  commissioner  to  supply,  water 

for  pumps  for  raising  salt-water,  not  impeding  navigation. 
Damages  for  water  taken  from  Nine  mile  creek,  how 
paid. ' 

862.  State  engineers  to  make  surveys  and  estimates,  and  assume 

charge  of  work. 

863.  Water  used  for  pumping  may  be  resumed  by  commissioner. 

FISH-WAYS. 

864.  Fish-ways  to  be  constructed  in  certain  dams. 

EKIE   CANAL. 

865.  Enlargement  of  locks.     Cost  of  old  plan  to  be  paid  from 

ordinary  repairs,  balance  from  appropriations  for  new  work. 

366.  Enlargement  of  structures,  same  rule  applied. 

CAYUGA    INLET. 

367.  Canal  commissioners  to  take  charge  of  a  portion  of  Cayuga 

inlet. 

368.  Money  to  be  expended  not  to  exceed  tolls  collected. 

CAYUGA  AND  SENECA  CANAL. 

869.  For  the  improvement  of  the  navigation  of  the  Cayuga  and 
Seneca  canal  by  lowering  the  upper  or  Seneca  lake  level, 
etc. 

370.  To  excavate  the  Cayuga  and  Seneca  canal  and  Seneca  river, 

etc.,  at  or  near  Waterloo. 

371.  Commissioners  to  cause  monuments  to  be  erected  in  Seneca 

lake  to  determine  point  at  which  water  may  be  discharged. 

372.  Waterloo  dam  to  be  raised  to  height  of  the  original  state 

dam. 

373.  No  damages  therefor  to  be  allowed. 

374.  Dam  at  Waterloo,  how  to  be  constructed  in  1873. 

BALDWIN8VILLE   DAM. 

375.  Navigation  of  Seneca  river  to  be  extended  at  Baldwinsville. 

876.  Commissioners  to  erect  permanent  monuments  to  designate 

the  height  of  Baldwinsville  dam,  descriptions  to  be  filed  in 
town  clerk's  office.  The  said  dam  shall  not  be  raised 
higher  than  designated  by  monuments,  penalty. 

877.  Commissioner  may  permit  person  or  persons  to  raise  said 

dam  by  flush-boards,  not  to  exceed  height  designated  by 
monuments.  State  not  to  be  liable  for  any  damages 
therefor. 

878.  Commissioners  to  maintain  said  dam.     May  allow  surplus 

waters  to  be  used  for  hydraulic  purposes. 


GENERAL  POWERS  AND  DUTIES.  143 

SECTION  379.  Baldwinsville  canal  subject  to  canal  laws. 
380.  Baldwinsville  dam  to  be  rebuilt  of  stone. 

OSWEGO    CANAL. 
881.  Dams  on  Oswego  river  to  be  rebuilt  of  stone. 

CROOKED    LAKE    CANAL. 

382.  Commissioners  to   rebuild  locks  when  necessary  for  navi- 

gation. 

CHEMUNG    CANAL. 

383.  Locks  to  be  rebuilt  on  enlarged  plan. 

884.  Cost  of  old  plan  paid  from  ordinary,  excess  from  extraordin- 
ary repair  fund. 

385.  Connection  of  Chemung  and  Junction  canals. 

386.  Damages  to  be  paid  by  company. 

387.  Powers  of  company. 

388.  Rights  of  state  reserved. 

389.  Elmira  may  use  portion  of  canal  for  street. 

390.  Structures  to  be  removed. 

391.  To  be  a  public  highway  except  as  against  the  state. 

392.  Utica,  Ithaca  and  Elmira   Railroad  may  build  draw-bridge 

over  Chemung  canal. 

393.  May  use  portion  of  canal  in  Elmira  under  direction  of  com- 

missioner. 

394.  May  acquire  rights  of  city  under  ch.  785,  of  1872. 

CHENANGO   CANAL. 

395.  Utica  asylum  may  use  water  of  fifth  lock  for  pumping. 

396.  May  take  water  and  ice  from   fifth  to  tenth  lock.     Commis- 

sioner to  regulate,  etc. 

397.  Duty  of    commissioner    to    supply   water    and    ice   to   the 

asylum. 

398.  Binghamton  may  use  a  portion  of  canal  for  a  public  street. 
899.  Bulk-head  to  be  built  by  city,  if  necessary. 

400.  Street  a  public  highway  except  as  to  the  state. 

401.  Binghamton,  Dushore  and  Williamsport  Railroad  company 

may  lay  a  track  on  tow-path  of  canal  south  of  Susque- 
hanna  river,  by  consent  of  canal  board. 

402.  When  rights  of  railroad  may  cease. 

403.  Notice  of  removal  penalty,  etc. 

404.  This  act  not  to  prevent  the  state  from  selling  the  canal. 

BLACK    RIVER    CANAL,    FEEDERS,    RESERVCIRS,    ETC. 

405.  Survey  directed  for  survey  of  Black  river,  etc. ,  lor  reservoirs. 

406.  To  construct  dams,  etc.,  on  Black,  Moose  or  Beaver  rivers. 

407.  Structures  to  be  made  part  of  the  public  works. 

408.  To  appoint  keepers,  prescribe  regulations,  etc. 

409.  Penalties  for  interfering  with  or  damaging  gates,  dams  or 

structures. 

410.  Laws  relating  to  public  works  to  apply  thereto. 

411.  Section  No.  2  to  include  reservoirs,  dams,  etc. 


144  OF  THE  CANAL  COMMISSIONERS. 

SECTION  412.  Appropriation  to  restore  to  Black  river  11,000  feet  of  water 
per  minute. 

413.  Appropriation  for  construction  of  dam  across  Moose  river. 

GENESEE    VALLEY    CANAL. 

414.  To  raise  Oil  creek  reservoir  and  Ischua  creek  dam. 

415.  Monuments  to  be  erected  and  their  location  to  be  reported. 

ONEIDA   LAKE   CANAL,    RIVER,    ETC. 

416.  Locks  to  be  rebuilt  on  the  enlarged  plan. 

417.  Oak  Orchard  draw-bridge  to  be  maintained  and  operated  by 

the  state. 

418.  Appropriation,  conditions,  change  of  plan,  etc. 

OF  THE  CANAL  COMMISSIONERS,  THEIR  POWERS  AND  DUTIES. 

Election  §  250.  (Const.,  Art.  V,  §  3.)  Three  canal  commissioners  shall 
be  chosen  at  the  general  election  which  shall  be  held  next  after 
the  adoption  of  this  constitution,  one  of  whom  shall  hold  his 
office  for  one  year,  one  for  two  years,  and  one  for  three  years. 
The  commissioners  of  the  canal  fund  shall  meet  at  the  capitol  on 
the  first  Monday  of  January,  next  after  such  election,  and  deter- 
mine by  lot  which  of  said  commissioners  shall  hold  his  office 
for  one  year,  which  for  two  years,  and  which  for  three  years ; 
and  there  shall  be  elected  annually,  thereafter,  one  canal  com- 
missioner, who  shall  hold  his  office  for  three  years. 

Powers  "  §  251.  (R.  S.,  §  9,  modified  by  Art.  V,  Const.  1846.)  The  gen- 
era^  care  an<^  superintendence  of  the  canals  shall  continue  to 
be  vested  in  the  board  of  canal  commissioners.1  *  *  * 


1  Ch.  237,  Laws  of  1816,  appointed  five  canal  commissioners.  Another 
was  appointed  by  the  legislature  in  1821,  under  ch.  36. 

1  Rev.  Stat.  (1828),  ch.  5,  title  1,  §  1,  provided  for  "  four  canal  commission- 
ers, two  of  whom  shall  be  acting  commissioners."  1  R.  S.,  ch.  9,  title  9, 
art.  2,  §  9,  printed  above  (§  251),  contained  a  similar  clause  relating  to  act- 
ing commissioners.  An  additional  canal  commissioner  was  authorized  by 
ch.  80,  in  1833,  and  another  by  ch.  451,  in  1836.  The  number  was  reduced 
to  four  by  ch.  280,  of  1844,  with  a  provision  for  not  exceeding  three  acting 
commissioners." 

Ch.  6,  of  1845,  amendatory  thereof,  provided  that  "  the  persons  elected 
canal  commissioners  shall  designate  how  many  of  their  number,  not  less 
than  two,  nor  more  than  three,  shall  be  acting  canal  commissioners." 

The  constitution  of  1846  (§  250)  ante,  provides  that  "  Three  canal  com- 
missioners shall  be  chosen,"  etc.  The  term  "acting  canal  commissioner" 
has  been  seldom  used  in  the  statutes  passed  since  the  adoption  of  the  con- 
stitution, in  November,  1846.  The  only  cases  found,  in  compiling  this 
manual,  are :  1847,  ch.  278,  §  14 ;  1859,  ch.  457,  and  1867,  ch.  564,  the  two  latter 


POWERS  AND  DUTIES  145 

§  252.  (R.  £.,  §  10,  amended  1848,  ch.  162.)  Each  acting  Bond  of 

canal  commissioner,  before  he  shall  enter  on  the  duties  of  his  commis- 
sioners. 

office,  shall  execute  a  bond  to  the  people  of  this  state,  in  a  pen- 
alty of  twenty  thousand  dollars,  with  two  substantial  freehold- 
ers as  sureties,  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  office,  and  for  the  faithful  accounting  for  all  mon- 
eys intrusted  to  him  as  such  commissioner,  whenever  and  as 
often  as  he  shall  be  so  required  by  law,  by  a  concurrent  resolu- 
tion of  the  senate  and  assembly,  or  by  the  [auditor]  ;  such  bond 
shall  be  approved  of  by  the  [auditor],  and  filed  in  his  office. 

§  253.  (R.  &,  §  11,  amended  1848,  ch.  162.)  Every  such  when  re- 
bond  heretofore  given,  or  shall  hereafter  be  given,  shall  be 
renewed  from  time  to  time  with  new  or  additional  sureties, 
whenever  such  renewal  shall  be  demanded  by  the  [auditor] 
or  the  commissioners  of  the  canal  fund ;  and  the  refusal  of  any 
commissioner  to  renew  his  bond  when  so  required,  shall  be 
deemed  a  breach  of  its  condition. 

§  254-.  (1854,  ch.  332,  §  3 ;  amended  1873,  ch.  760,  §  2.)  The  compen- 
canal  commissioners  hereafter  to  be  elected  shall  be  entitled  to  traveling 

,.  .  i  f  i  i  expenses. 

compensation  for  their  services  at  the  rate  of  two  thousand 
dollars  a  year,  payable  quarterly,  instead  of  all  compensation 
now  allowed  by  law ;  and  there  shall  be  paid  to  each  of  the 
canal  commissioners,  in  full  for  all  traveling  expenses  incurred 
by  them  in  the  discharge  of  their  official  duties,  the  sum  of 
eight  hundred  dollars  per  annum,  payable  quarterly  by  the 
auditor  of  the  canal  department.  All  acts  and  parts  of  acts 
conflicting  with  or  inconsistent  with  this  provision  are  hereby 
repealed.1 


amending  a  law  of  April,  1846,  in  which  the  phrase  was  used.  See  §  396, 
post.  In  these  acts  the  term  is  used  in  the  sense  of  the  commissioner  in 
charge,  and  not  by  way  of  distinction  from  non-acting  commissioners.  Chs- 
499,  of  1847,  and  332,  of  1854,  relating  to  commissioners'  salaries,  etc.,  make 
no  allusion  to  "  acting  "  commissioners. 

For  these  reasons,  it  is  assumed  that  the  constitutional  provision  for 
"three  canal  commissioners,"  modifies  R.  S.,  §  9,  in  this  respect,  and  the 
latter  clause  of  the  section,  relating  to  the  number  of  acting  commissioners 
(as  amended  by  ch.  6,  of  18451,  is  therefore  omitted. 

As  to  vacancies  in  office  and  appointment  of  canal  commissioners,  under 
Laws  of  1847,  ch.  360,  see  §  37,  ante. 

1  This  section  of  ch.  332,  of  1854,  provided  for  four  hundred  dollars  for 
traveling  expenses,  and  repealed  all  former  laws  allowing  traveling  fees 
and  expenses. 

19 


14:6 


OF  THE  CANAL  COMMISSIONERS. 


Officers  of      §  255.  (R.  8.,  §  12.)     The  board  shall  annually  choose  one 

board. 

of  their  number  to  be  their  president,  and  another  from  time 
to  time  as  their  secretary,  who  shall  keep  and  preserve  regular 
minutes  of  all  their  proceedings. 

§  256.  (R.  S.,  §  13.)  It  shall  be  the  duty  of  the  president 
to  call  a  meeting  of  the  board,  on  the  request  in  writing  of  a 
commissioner,  and  without  such  request,  whenever  he  shall 
deem  it  expedient. 

§  257.  (R.  S.t  §  14.)  A  majority  of  the  board  shall  be  a 
quorum  for  the  transaction  of  business,  and  may  adjourn 
from  time  to  time,  and  fix  the  time  and  place  of  future  meet- 
ings. 

§  258.  (R.  £,  §  15;  modified  1848,  ch.  72;  1850,  ch.  377.) 
The  board  may  employ  such  and  so  many  agents, 
'  draftsmen,  surveyors  and  other  persons,  as  they  may  judge 
necessary,  to  enable  them  to  discharge  their  duties  as  commis- 
sioners, and  shall  pay  such  compensation  as  they  shall  judge 
reasonable,  to  each  person  so  employed.1 


Meetings, 

how 

called. 


Quorum. 


Powers  of 


Powers  of 

commis- 
sioners, 
feeders, 
etc. 

19  Barb. 
263; 

4  Wend. 
647;  7 

Johns.  Ch. 
315  and 
840. 


§  259.  (R.  S.,  §  16.)  In  the  construction  of  every  canal  of 
which  the  construction  is  or  shall  be  authorized  by  law,  the 
canal  commissioners  shall  have  power,  and  it  shall  be  their 
duty,  to  make  all  such  canals,  feeders,  locks,  dams,  aqueducts, 
and  other  works,  as  they  shall  deem  the  proper  construction 
of  such  canal  to  require  ;  and  they  shall  enter  on,  and  take 
possession  of,  and  use,  all  lands,  streams  and  waters,  the  appro- 
priation of  which,  for  the  use  of  such  canals  and  works,  shall, 
in  their  judgment,  be  necessary. 


ib.  Extra-  §  260.  (R.  S.,  §  17.)  Whenever,  in  the  opinion  of  the 
canal  commissioners,  it  shall  become  necessary  or  expedient  to 
make  any  extraordinary  repairs  or  improvements  on  any  com- 
pleted canal,  such  as  the  opening  of  new  feeders  or  the  con- 
struction of  additional  locks,  dams,  embankments,  tunnels  or 
aqueducts,  it  shall  be  their  duty  to  cause  the  necessary  surveys 
and  levels  to  be  taken,  and  accurate  drafts,  plans  and  models, 
or  maps,  as  the  case  may  require,  of  the  contemplated  works, 
together  with  an  estimate,  in  minute  detail,  of  the  probable 


1  The  word  "engineers"  omitted,  as  their  appointment  and  employment 
is  provided  for  by  the  acts  referred  to  above,  and  by  ch.  477  of  1865. 


POWERS  AND  DUTIES. 

expense  to  be  incurred,  and  to  submit  the  same  to  the  canal 
board  for  their  approbation. 

§  261.  (12.  /&,  §  18.)     If  such  extraordinary  repairs  or  im-  TO  take 
provements  shall  be  directed  by  the  board  or  the  legislature,  i  wend, 
it  shall  be  the  duty  of  the  commissioners  to  proceed,  as  soon  26  wend, 
as  circumstances  will  permit,  to  execute  and  complete  the 
same ;  and  for  that  purpose,  by  themselves  or  their  agents,  to 
take  possession  of,  and  use,  all  lands,  waters  or  streams  of 
which  the  occupation  and  use,  in  their  judgment,  may  be 
necessary  to  enable  them  to  discharge  such  duties.1 

§  262.  (R.  S.,  §  19.)    "Whenever,  for  the  purpose  of  con-  Altering 

'     .  .  .         roads,  etc. 

structmg  a  canal,  or  making  any  extraordinary  repairs  or  im-  SIN.  y.  151. 
provements,  it  shall  be  deemed  necessary  by  the  canal  com- 
missioner having  charge  of  the  work,  to  discontinue  or  alter 
any  part  of  a  public  road,  on  account  of  its  interference  with 
the  proper  location  or  construction  of  such  work,  he  shall 
make,  or  direct  to  be  made,  such  discontinuance  or  alteration. 

§  263.  (R.  8.,  §  20.)  It  shall  be  his  duty  to  draw  up  in  Proceed- 
writing  and  figures,  a  true  description  of  all  such  parts  of  a 
public  road  as  shall  be  so  discontinued  and  new  laid,  and  to 
file  such  description  in  the  town  clerk's  office  of  the  town  in 
which  such  parts  may  be  situate,  and  from  the  time  of  such 
filing,  such  discontinuance  and  alterations  shall  be  valid  in 
law. 

§  264.  (7?.  S.,  §  21.)  The  canal  commissioners  shall  not,  Restrio- 
however,  obstruct  the  passage  of  any  part  of  a  public  road,  so 
discontinued  or  altered,  until  they  shall  have  opened  and 
worked,  so  as  to  render  passable,  such  part  of  such  road  as 
shall  have  been  new  laid  by  their  engineer ;  and'  the  certificate 
in  writing  of  any  justice  of  the  peace  in  the  county  where 

1  The  appropriation  of  land  for  a  canal  by  the  authorized  agents  of  the 
state  confers  a  right  to  enter  upon  and  use  the  soil,  although  the  absolute 
fee  does  not  vest  in  the  state  till  the  appraisement  of  damages. 

No  formal  resolution  of  the  canal  commissioners  is  necessary  to  warrant 
such  appropriation ;  an  entry  upon  the  land,  laying  out  and  commencing 
the  work  will  be  sufficient.  15  Wend.  569.  Where  a  statute  authorizes  the 
taking  of  "lands"  for  public  use,  e.  g.  a  canal,  the  stone  in  the  earth,  and 
every  thing  else  included  in  the  general  definition  of  the  term  land  may  be 
taken.  Baker  v.  Johnson,  2  Hill,  343 ;  11  N.  Y.  308 ;  affirming,  15  Barb.  627; 
contra,  11  Barb.  26. 


148  OF  THE  CANAL  COMMISSIONERS. 

such  road  shall  be  situated,  that  the  part  so  new  laid  has  been 
so  opened  and  worked,  shall  be  their  sufficient  justification. 

Former  ai-      8  265.  (fi.  $.,  §  22.)     Every  alteration  heretofore  made  by 

terations.  '    .  ,.         *  , 

any  engineer,  in  any  public  road  on  either  01  the  canals,  shall, 
from  the  time  of  -  such  alteration,  be  deemed  valid  in  law. 

Powers  as  §  266.  (1834,  ch.  276,  §  17.)  l  The  canal  commissioners  are 
roads  cros-  hereby  invested  with  a  general  and  supervisory  power  over  so 
canals.  much  of  any  railroad  as  passes  over  any  canal  or  feeder  belong- 
ing to  this  state,  or  approaches  within  ten  rods  of  such  canal 
or  feeder,  so  far  as  such  power  may  be  necessary  to  preserve 
the  free  and  perfect  use  of  the  canals  or  feeders  of  this  state, 
and  necessary  for  making  any  repairs,  improvements  or  alter- 
ations in  the  same ;  and  said  company  shall  not  construct  their 
railroad  over,  or  at  any  place  within  ten  rods  of  any  canal  or 
feeder  belonging  to  this  state,  unless  said  company  shall  lay 
before  the.  commissioners  aforesaid,  a  map,  plan  and  profile,  as 
well  of  the  canal  or  feeder  as  of  the  route  designated  for  their 
railroad,  exhibiting  distinctly  and  accurately  the  relation  of 
each  to  the  other,  at  all  the  places  within  the  limits  of  ten  rods 
as  aforesaid ;  and  shall  thereupon  obtain  the  written  permis- 
sion of  said  canal  commissioners,  with  such  conditions,  instruc- 
tions and  limitations,  as,  in  the  judgment  of  said  canal  commis- 
sioners, the  free  and  perfect  use  of  any  such  canal  or  feeder 
may  require.2 


1 "  An  act  to  incorporate  the  Medina  and  Darien  Railroad  Company." 

1  Railroad  swing  or  draw-bridges  over  the  canals  have  been  authorized  in 
the  following  cases : 

At  Utica,  in  1871,  over  the  Erie  canal,  one  by  ch.  350,  and  another  by  ch. 
603.  As  to  use  of  Qenesee  street  bridge  by  horse  railroad,  see  canal  board 
proceedings,  1868,  p.  66. 

At  Syracuse,  over  the  Erie  and  Oswego  canals.  In  1871,  by  ch.  353; 
amended  1872,  ch.  282,  and  1873,  ch.  99. 

At  Palmyra,  in  1873,  by  ch.  284. 

At  Lyons,  in  1873,  by  ch.  445. 

All  these  bridges  are  placed  under  the  control  and  direction  of  the  canal 
comlmissioner  in  charge,  and  are  to  be  maintained  and  operated  at  the  ex- 
pense of  the  railroad  companies.  The  last  three  named  contain  the  follow- 
ing provision  :  "  §  2.  Any  damage  arising  to  boats,  or  to  the  commerce  of 
the  canals,  by  reason  of  the  negligence  of  the  railroad  company  or  its  agents, 
in  the  management  and  control  of  said  bridge  or  pier,  shall  be  paid  by  the 
said  railroad  company,  and  shall  not  become  a  charge  against  the  state." 

Railroad  draw-bridges  over  the  Chemung  canal  are  authorized  by  ch.  834 
of  1873.  See  §392,^0**. 


POWERS  AND  DUTIES. 

§  267.  (1855,  ch.  478.)  Whenever  the  grade  of  any  railroad  Grade  of 
shall  be  changed  under  the  direction  of  the  canal  commission- 
ers, at  any  point  where  such  road  crosses  or  shall  cross  any 
canal,  or  canal  feeder,  except  in  the  city  of  Buffalo,  it  shall  be 
lawful  for  the  directors  of  the  company  owning  such  railroad, 
to  alter  the  grade  of  such  road  on  each  or  either  side  of  the 
place  where  such  change  shall  have  been  so  made  by  order  of 
the  canal  commissioners,  for  such  distance  and  in  such  manner 
as  the  said  directors  may  deem  necessary.  And  the  directors 
of  any  railroad  company  shall  also  be  authorized  at  any  time 
to  change  the  grade  of  any  part  of  their  road,  except-  in  the 
city  of  Buffalo,  in  such  manner  as  they  may  deem  necessary  to 
avoid  accidents  and  to  facilitate  the  use  of  such  road ;  and  any 
and  all  damages  arising  from  such  alteration,  to  be  appraised 
in  same  manner  as  provided  in  the  act  entitled  "  An  act  to 
authorize  the  formation  of  railroad  corporations,  and  to  regu- 
late the  same,"  and  in  the  several  acts  amendatory  thereof. 

§268.  (12.  S.,  §  23,  amended  1870,  ch.  222.)     Whenever  TO  repair 

,        ,     ,,     .  .  Injuries  tc 

the  navigation  of  any  of  the  canals  shall  be  interrupted  or  canals.  20 
endangered,  it  shall  be  the  duty  of  the  commissioners,  without  620;  42  N 
delay,  to  repair  the  injury  causing  or  threatening  such  inter- 
ruption, and  for  that  purpose,  they  shall  have  power,  by  them- 
selves or  their  agents,  to  enter  upon,  and  use  any  contiguous 
lands,  and  to  procure  therefrom  all  such  materials  as  in  their 
judgment  may  be  necessary  or  proper  to  be  used  in  making 
such  repairs.  And  whenever  the  navigation  of  any  of  the 
canals  shall  be  interrupted  or  endangered,  any  commissioner 
or  superintendent  may,  if  in  his  judgment  it  is  necessary  or 
proper  so  to  do,  cut  up,  destroy  or  remove  any  canal  boat, 
vessel  or  other  thing  in  or  partly  in  the  canal,  and  the  damages 
in  consequence  thereof  shall  be  assessed  in  the  manner  pro- 
vided by  chapter  two  hundred  and  eighty-seven  of  the  laws  of 
eighteen  hundred  and  thirty-six.1 

§  269.  (1833,  ch.  169,  §  1.)     Whenever  the  navigation  of  Deficiency 
the  canals  shall  be  interrupted  or  endangered  by  reason  of  a  how  supl 

As  to  railroad  track  on  tow-path  Chenango  canal,  see  1873,  ch.  835-,  and 
post,  §401,  etc. 

For  report  and  resolution  of  canal  board,  on  use  of  canal  bridge  at  Port 
Schuyler,  West  Troy,  by  Watervliet  Turnpike  Company  and  Horse  Rail- 
road, see  proceedings  June  25,  1863. 

1  Before  this  amendment  officers  were  held  liable,  see  1871,  p.  1567, 
where  the  state  assumed  and  paid  the  damages. 


150 


OF  THE  CANAL  COMMISSIONERS. 


Tempor- 
ary dam- 
ages for 
lands   and 
water. 


Repair  of 
toll- 
houses, 
etc. 


Canal 
board  to 
make 


tlons. 


deficiency  of  water,  it  shall  be  the  duty  of  the  canal  commis- 
sioners, without  delay,  to  supply  such  deficiency  ;  and  for  that 
purpose  they  shall,  by  themselves  or  their  agents,  resume  the 
temporary  use  of  all  the  surplus  waters  which  shall  have  been 
leased  upon  the  level  of  the  canal  where  such  deficiency  exists ; 
and  in  such  case  if  there  shall  still  be  a  deficiency  of  water, 
then  they  shall  have  power  to  enter  upon  and  use  all  lands, 
streams  and  waters,  which  in  their  judgment  may  be  necessary 
or  proper  to  be  used,  to  procure  a  temporary  supply  of  water 
for  such  canals.1 

§  270.  (Sameck.,  §2.)  When  damages  shall  be  claimed  by 
the  owner  of  any  lands,  streams  or  waters,  which  shall  have 
been  used  for  temporary  purposes  under  the  authority  given 
in  the  preceding  section,  such  damages  shall  be  agreed  upon, 
or  appraised  and  paid,  in  the  same  manner  as  is  provided  for 
the  agreement  or  appraisal  and  payment  of  damages,  in  cases 
where  land  shall  have  been  occupied  for  temporary  purposes, 
or  from  which  materials  shall  have  been  obtained  for  repairs ; 
but  no  damages  shall  in  any  case  be  allowed  for  resuming  the 
use  of  any  surplus  waters  of  the  canals  leased  to  any  indi- 
viduals. 

§  271.  (7?.  S.,  §  24.)  It  shall  be  the  duty  of  the  canal  com- 
missioners, to  keep  in  complete  repair,  all  toll-houses,  weigh- 
ing scales,  offices  and  other  edifices,  already  built  or  purchased, 
for  the  use  of  the  canals ;  and  at  such  times  and  places  as  the 
canal  board  may  direct,  to  erect  such  further  toll-houses, 
weighing  scales,  offices  and  other  edifices,  and  purchase  such 
ground  for  the  convenience  thereof,  as  may  be  deemed  neces- 
sary for  the  profitable  use  of  the  canals. 

§  272.  (^.  S.,  §  25 ;  amended  1835,  ch.  21.)  [The  canal 
board]  shall,  from  time  to  time,  make  such  rules  and  regula- 
tions, not  inconsistent  with  the  laws  of  the  state,  in  respect  to 
the  size  and  structure  of  boats,  rafts  and  other  floats,  on  the 
waters  of  the  canals,  and  the  weighing  and  inspecting  of  boats 
and  their  lading,  and  in  respect  to  all  matters  connected  with 
the  navigation  thereof,  and  impose  such  forfeitures  of  money 
for  the  breach  of  such  rules  and  regulations,  as  they  may  judge 


4  Denio,  856  ;  11  Barb.  387 ;  19  Barb.  657 ;  13  N.  T.  238,  244. 


POWERS  AND  DUTIES.  151 

reasonable;  but  no  forfeiture  so  imposed,  shall,  for  a  single 
offense,  exceed  the  sum  of  twenty-five  dollars.1 

§  273.  (R.  8.,  §  26.)  They  shall  cause  a  sufficient  number  Notices  of. 
of  copies  of  all  such  rules  and  regulations,  including  the  for- 
feitures for  the  breach  thereof,  to  be  printed,  and  shall  dis- 
tribute the  same  to  the  superintendents  of  repairs,  the  collectors 
of  tolls,  and  lock-keepers,  to  be  kept  in  their  respective  offices 
for  public  inspection.1 

§  274.  (R.  #.,  §  27  ;  modified  1848,  ch.  162.)    All  rules,  HOW 

v       ,     ,  '  autheuti- 

regulations  and  forfeitures,  established  by  them  in  relation  to  cated. 
the  management  and  navigation  of  the  canals,  shall  be  filed  in 
the  [canal  department],  and  a  copy  thereof,  certified  by  the 
[auditor]  under  his  hand  and  the  seal  of  his  office,  shall  be 
received  in  all  courts  of  law,  as  due  proof  that  such  rules,  regu- 
lations and  forfeitures  were  by  them  established. 

§  275.  (R.  8..  §  28.)     The  board  shall,  from  time  to  time,  Special 

.     .  .  .   T       i  11-         charge  of 

assign  to  each  acting  commissioner,  in  special  charge,  the  line  g^3^}3 
or  portion  of  the  line,  of  one  or  more  of  the  canals.  iS^1?/' 

620;  7  N. 
Y.  9. 

§  276.  (1870,  ch.  55,  §  7.)     *     *     *     Nothing  in  this  act8  Dmsions 
shall  impair  or  detract  from  the  power  and  duties  of  the  canal  changed. 
commissioners  in  the  performance  of  their  duties;  but  they 
shall,  upon  their  respective  divisions,  which  divisions  shall  not 
be  changed  or  altered  except  with  the  consent  and  approval  of 
the  canal  board,  perform  the  duties  and  exercise  the  powers 
conferred  upon  them  by  law. 

§  277.  (R.  S.,  §  9.)     It  shall  be  the  duty  of  each  acting  com-  Duty  of 

commis- 
sioners. 


_  :  __    26  Wend. 

485:  4  De- 

1  Ch.  21,  Laws  of  1835,  provides  as  follows  :  johnf6  :  * 

"SI.  All  such  rules  and  regulations  in  relation  to  the  canals,  as  are  now  735;  11 

Barb.  382. 
authorized  by  sections  twenty-five  (printed  above  §  272),  one  hundred  and 

forty-eight,  one  hundred  and  forty-nine  (relating  to  commutation  of  tolls 
upon  passengers)  and  one  hundred  and  eighty-eight  (relating  to  the  prosecu- 
tion for  penalties)  of  title  nine  of  chapter  nine  of  the  first  part  of  the  Revised 
Statutes,  to  he  made  by  the  canal  commissioners,  or  the  commissioners  of 
the  canal  fund,  may  hereafter  be  made  by  the  canal  board,  with  the  like 
penalties  and  forfeitures  as  are  now  provided  in  said  title." 

See,  also,  ch.  55,  Laws  of  1870,  sections  6  and  7,  §§  533  and  534,  post. 

2  "An  act  to  abolish  the  contracting  board  and  the  system  of  repairing  the 
canals  by  contract,"  passed  March  10,  1870.     See  §§  528-534  and  note  1, 
8170. 


152  OF  THE  CANAL  COMMISSIONERS. 

1.  To  examine  frequently  and  carefully  into  the  state  of  the 
canals  and  works,  committed  to  his  charge. 

2.  To  direct  and  cause  to  be  made,  such  ordinary  repairs,  as 
he  shall  perceive  to  be  necessary. 

3.  To  superintend  and  cause  to  be  made,  such  extraordinary 
repairs  or  improvements,  as  shall  be  ordered. 

4.  To  make,  by  himself  or  a  superintendent  of  repairs,  all 
necessary  contracts  for  the  supply  of  materials  and  the  per- 
formance of  labor. 

5.  To  inquire  into  the  official  conduct  of  all  superintendents 
of  repairs,  collectors  of  tolls,  lock-keepers  and  other  subordinate 
agents,  and  to  receive  and  hear  all  complaints  that  may  be  pre- 
ferred against  them. 

And  generally  to  enforce  the  faithful  execution,  by  all  per- 
sons concerned,  of  the  provisions  of  this  title. 

commis-        §  278.  (1847,  ch.  278,  §  14  ;  amended  1854,  ch.  332,  §  3.)    It 

v\s?teifne°    shall  be  the  duty  of  each  acting  canal  commissioner,  at  least 

once  in  thirty  days  during  the  season  of  canal  navigation,  to 

visit  and  examine  every  part  of  the  line  of  canal  assigned  to 

his  special  charge,  and  as  often  as  three  times  in  each  season 

to  give  public  notice  of  such  visitation,  and  that  he  will  attend 

to  such  complaints  as  may  be  made  under  the  fifth  subdivision, 

section  twenty-nine,  article  two,  title  nine  of  chapter  nine  of 

Engineer    the  first  part  of  the  Revised  Statutes.     *     *     *     And  if,  from 

may  per-  .  ,     . 

formdu-  sickness  or  any  other  cause  the  acting  commissioner  on  any 
division  cannot  or  does  not  attend  to  this  duty,  the  service 
shall  be  performed  by  the  state  engineer  and  surveyor  or  the 
chief  engineer  at  the  same  rate  of  compensation. 

TO  take  §  279.  (ft.  /&,  §  30.)  It  shall  be  the  duty  of  each  acting  com- 
mj88jonerj  to  take  duplicate  receipts  for  all  moneys  advanced 
or  paid  by  him. 

purchases  §  280.  (1842,  ch.  310,  §  1 ;  amended  1855,  ch.  535,  §  3.)  All 
purchases  for  the  use  of  any  department,  office,  or  work  of  the 
government,  shall  be  for  cash  and  not  on  credit  or  time.  Each 
voucher,  whether  for  a  purchase  or  for  a  service,  or  other 
charge,  shall  be  filled  up  at  the  time  it  is  taken ;  and  in  all 
cases  where  the  payment  is  not  made  directly  by  the  treasurer 
or  governor,  proof  in  some  apt  form  shall  be  furnished  on  oath, 
that  it  was  so  filled  up  at  the  time  it  was  taken,  and  that  the 
money  mentioned  therein  to  have  been  paid,  was  in  fact  paid 


POWERS  AND   DUTIES.  153 

in  cash  or  by  draft  on  some  specified  bank.     The  auditor,  in  Auditor 
all  cases  when  moneys  are  paid  from  the  canal  revenues,  loans  acnbere 
or  fund,  and  the  comptroller,  in  all  cases  where  payments  are 
made  from  any  other  revenue  or  fund,  shall  from  time  to  time 
prescribe   rules,  regulations    and  forms   to    secure   the  faith- 
ful observance  of  this  section,  and  may  in  all  cases,  if  they 
shall  deem  it  necessary,  require  proof  on  oath  of  the  payment 
of  the  money  as  aforesaid.1 

§  281.  (1866,  ch.  657,  §  1.)  The  act  entitled  "  An  act  for  the  TO  remove 

obstruc- 

protection  of  canal  and  other  lands  belonging  to  the  state  of  tloils  from 
New  York,"  passed  May  12,  1865,  is  hereby  amended  to  read  lands, 
as  follows :  The  canal  commissioners  are  hereby  authorized  and 
required  to  remove  or  cause  to  be  removed  from  the  land  taken 
by  the  state  for  canal  purposes,  except  those  parts  thereof  that  lie 
in  the  thickly  built  parts  of  cities,  all  encroachments  thereon, 
whether  in  the  shape  of  buildings,  fences  or  other  structures,  ex- 
cept dry  docks  authorized  by  the  canal  commissioners,  or  manu- 
factories, mills  or  warehouses  doing  business  upon  the  canal, 
that  said  lands  may  be  kept  in  the  possession  of  the  state  for 
the  purposes  of  canal  navigation.1 

§  282.  (E.  &,  Part  III,  ch.  VIII,  Title  17,  §  11.)  Whenever  Public  offl 
application  shall  be  made  to  the  commissioners  of  the  land  office,  require0 
the  canal  board,  canal  commissioners,  or  any  of  them,  or  to  anv  and  ad- s 

.  _,    ...  .  minister 

other  public  officer,  to  do  any  act  in  an  omcial  capacity,  and  oaths, 
such  board  or  officer  shall  require  information  or  proof  to  ena- 
ble them  or  him  to  decide  on  the  propriety  of  doing  such  act, 
such  information  or  proof  may  be  required  to  be  given  by 
affidavit,  and  any  member  of  such  board  or  such  officer,  may 
administer  all  necessary  oaths  for  that  purpose. 


1  This  section  has  been  heretofore  printed  in  Title  2  of  this  chapter.  "Of  the 
canal  fund,"  etc.,  as  §  150.  For  the  convenience  of  those  using  this  Manual, 
some  sections  of  general  importance  like  this,  or  those  prescribing  the 
duties  of  several  officers  in  the  same  section,  will  be  found  inserted  twice, 
and  in  a  few  cases  three  times,  under  different  titles  or  articles. 

1  The  act  of  1865,  ch.  727,  was  as  follows  : 

"  §  1.  The  canal  commissioners  are  authorized  and  required  to  remove, 
or  cause  to  be  removed,  from  the  land  taken  by  the  state  for  canal  purposes 
(except  those  part?  thereof  that  lie  in  the  thickly  built  parts  of  cities  and 
villages),  all  encroachments  thereon,  whether  in  the  shape  of  buildings, 
fences,  or  other  structures  ;  that  said  lands  may  be  kept  in  the  possession 
of  the  state  for  the  purposes  of  canal  navigation." 
20 


154 


OF  THE  CANAL  COMMISSIONERS. 


cure  at- 
tendance 
of  wit- 
nesses. 


OF  CLAIMS  AND  APPEALS. 

TO  attend        §  283.  (1836,  ch.  287,  §5  ;  amended  1855,  ch.  535,  8  4.)     It 

before  the     ,     ,,    ,       ,,        ,     .          ,,  „  ,,  .  .     , 

appraisers  snail  be  tne  duty  oi  one  oi  the  acting  canal  commissioners,  in 
or  by  agent  person  or  by  agent,  to  attend  in  behalf  of  the  state,  before  the 

and  pro-  . 

canal  appraisers,  and  procure  or  request  the  attendance  and 
examination  of  witnesses  on  the  part  of  the  state,  and  if,  in  the 
opinion  of  the  canal  appraisers,  the  interests  of  the  state  re- 
quire it,  they  may  employ  counsel  on  behalf  of  the  state,  on 
the  hearing  of  claims  for  damages  before  them. ' 

Auditor  to  §  284.  (1859,  ch.  376.)  Whenever,  from  interest,  or  having 
place  of  been  counsel  for  any  claimant  of  damages  against  the  state,  in 
sioners  the  matter  of  such  claim,  or  being  related  to  such  claimant,  any 

when  dis-  J 

qualified,  canal  commissioner  shall  be  disqualified  from  acting  in  any  case 
where  by  law  any  power  or  duty  is  imposed  upon  such  com- 
missioner, or  the  board  of  canal  commissioners,  on  filing  in  the 
office  of  the  auditor  of  the  canal  department,  the  certificate  of 
such  commissioner,  stating  his  disqualification,  the  said  auditor 
is  authorized,  and  it  shall  be  his  duty  to  act  in  the  place  of  such 
disqualified  commissioner,  in  the  matter  of  such  claim. 


Appeal  to 

canal 

board. 


§  285.  (1829,  ch.  368,  §  3.)  Every  person  having  exhibited 
a  claim  for  damages  to  the  appraisers,  or  the  canal  commission- 
ers, where  they  shall  deem  the  interest  of  the  state  to  require 
it,  may  enter  an  appeal  from  the  decision  of  the  appraisers  on 
such  claim,  to  the  canal  board,  who  shall  proceed  to  reverse, 
affirm  or  modify  the  appraisement,  as  in  their  opinion  justice 


1 1836,  ch.  287,  §  5,  was  as  follows  : 

"  It  shall  be  the  duty  of  one  of  the  acting  canal  commissioners,  in  per- 
son or  by  agent,  to  attend  in  behalf  of  the  state  before  the  canal  apprais- 
ers, on  the  hearing  of  claims  for  damages ;  and  if,  in  his  opinion,  the 
interests  of  the  state  require  it,  he  may  employ  counsel,  and  request  the 
attendance  and  examination  of  witnesses  on  the  part  of  the  state. 

1870,  ch.  321,  §  2,  is  as  follows: 

*  *  *  «  The  canal  appraisers  are  hereby  authorized  and  required  to 
employ  counsel  on  behalf  of  the  state,  on  the  hearing  of  such  claims,  as 
may  be  necessary  to  protect  the  interests  of  the  state.  All  acts  and  parts 
of  acts  inconsistent  with  this  act  are  hereby  repealed."  See  pout,  §  460. 

For  legislation  on  the  subject  of  employment  and  payment  of  agents  of 
the  commissioners,  and  of  counsel  before  the  appraisers,  see  this  ch.  (R.  S., 
§  15),  ante,  %  258 ;  1871,  ch.  668,  repealed  by  1872,  ch.  826,  and  1872,  chs.  583, 
700  and  850. 

For  notice  of  hearing  required  to  commissioner  and  claimant,  see  1866; 
ch.  836,  §  6,  post,  %  435. 


OF  CLAIMS  AND  APPEALS.  155 

shall  require ;  and  their  decision  shall  in  all  cases  be  final  and 
conclusive. 

§  286.  (Same  ch.,  §  4.)  Every  such  apppeal  shall  be  made 
in  writing,  stating  briefly  the  grounds  on  which  the  appeal  is 
made ;  if  made  by  the  canal  commissioners,  one  copy  of  the 
appeal  shall  be  served  on  the  canal  appraisers,  and  another  on 
the  party  claiming  damages,  his  guardian  or  agent,  either  per- 
«onally  or  by  leaving  the  same  at  his  usnal  place  of  abode ;  if 
made  by  the  party  claiming  damages,  one  copy  of  said  appeal 
shall  be  served  on  the  appraisers,  or  one  of  them,  and  another 
on  the  canal  commissioners. 

§  287.  (Same  ch.,  §  5.)  It  shall  be  the  duty  ot  the  canal  Time  for 
appraisers,  within  thirty  days  after  any  claim  is  decided  upon, 
to  make  a  transcript  of  the  entry  of  such  decision,  and  file  the 
same  in  the  clerk's  office  of  the  county  in  which  the  premises 
passed  upon  are  situate ;  and  in  all-  cases  the  appeal  must  be 
made,  and  the  proper  copies  served  within  three  months  from 
the  time  such  transcript  is  filed  in  the  clerk's  office  as  aforesaid. 

§  288.  (1868,  ch.  579,  §  1.)     In  all  cases  where  by  special  Appeals 
act  the  canal  appraisers  have  been  or  may  hereafter  be  author-  special 
ized,  to  hear  and  determine  any  claim  for  damages  resulting 
from  any  cause,  an  appeal  may  be  taken  to  the  canal  board  from 
the  decision  or  award  of  said  canal  appraisers,  by  the  canal 
commissioners  on  the  part  of  the  state,  or  by  any  claimant 
affected  by  such  award  or  decision.     *     *     * 

§  289.  (Same  ch.,  §  2.)  Such  appeal  shall  be  taken  within 
three  months  from  the  time  that  such  decision  or  award  shall 
have  been  made  and  entered.  *  *  * 

§  290.  (1870,  ch.  768,  §2.)     *     *     *     In  any  appeal  by  the  Notice  o! 
•canal  commissioners,  on  the  part  of  the  state,  from  a  decision  appe  * 
or  award  made  by  the  canal  appraisers,  the  notice  of  appeal 
may  be  signed  by  any  one  or  more  of  such  commissioners,  and 
the  signatures  of  all  shall  not  be  required.1 


1  It  was  held  in  1843,  3  Hill,  599,  that  an  appeal  brought  by  one  commis- 
sioner in  his  own  name,  and  the  names  of  the  others,  under  authority  from 
them,  was  regular. 


156  OF  THE  CANAL  COMMISSIONERS. 

OF   CONTKACTS. 

contracts.  §  291.  (Const.,  amendment,  1854,  Art.  VII,  §  3.)  *  *  * 
All  contracts  for  work  or  materials  on  any  canal,  shall  be  made 
with  the  person  who  shall  offer  to  do  or  provide  the  same  at 
the  lowest  price  with  adequate  security  for  their  performance. 

Division         §  292.  (1850,  ch.  377,  §  8.)     The  division  engineers  shall, 
to  make      under  the  direction  of  the  state  engineer  and  surveyor,  make 

surveys, 

etc.  or  cause  to  be  made  all  surveys,  maps,  plans,  specifications  and 

estimates  that  may  be  necessary  or  required  by  the  canal  board 
or  canal  commissioners  to  determine  the  proper  location  of  the 
line  of  the  canal,  or  any  portion  thereof,  on  their  respective 
divisions,  or  that  may  be  necessary  preparatory  to  placing  any 
work  under  contract  for  construction,  and  shall  transmit  a 
copy  thereof  to  the  state  engineer  and  surveyor,  who  shall 
upon  a  due  inspection  and  revision  submit  the  same  to  the 
canal  board  with  his  approval  indorsed  thereon,  and  on  obtain- 
ing thereon  their  certificate  of  adoption,  he  shall  file  the  same 
in  his  office.1 

§  293.  (Same  ch.,  §  9.)  Before  any  work  shall  be  contracted 
for  on  any  of  the  canals  of  this  state,  the  division  engineers 
shall  ascertain  or  cause  to  be  ascertained  with  all  practicable 
accuracy  the  quantity  of  embankment,  excavation,  masonry 
and  the  quantity  and  quality  of  all  materials  to  be  used,  and 
all  other  items  of  work  to  be  placed  under  contract,  a  state- 
ment of  which,  together  with  maps,  plans  and  specifications 
corresponding  with  those  adopted  by  the  canal  board  and  on 
file  in  the  office  of  the  state  engineer  and  surveyor,  shall  be 
publicly  exhibited  to  persons  proposing  for  the  work  to  be  let. 
The  quantities  so  exhibited  shall  be  used  in  determining  the 
value  of  the  propositions  received,  and  after  the  contracts  shall 
have  been  awarded,  said  statement  of  quantities,  together  with 
the  maps,  plans  and  specifications  and  all  other  papers  relating 
to  the  work  advertised,  and  which  were  exhibited  as  aforesaid, 
and  are  necessary  to  identify  the  plan  and  extent  of  the  work 
so  awarded,  shall  be  filed  in  the  office  of  the  state  engineer 
and  surveyor,  accompanied  with  the  certificate  of  the  division 

1  Sections  9  and  10,  of  ch.  72,  of  1848,  "An  act  in  relation  to  the  office  of 
state  engineer  and  surveyor,  and  the  engineer  department,"  which  relate  to 
preparing  'and  approving,  maps,  plans  and  estimates  of  new  work,  seem 
to  be  repealed  by  sections  8,  9  and  16,  of  ch.  377,  of  1850. 


OF  CONTRACTS.  157 

or  resident  engineer,  stating  the  time  and  place  they  were  so 
exhibited.  JSTo  alteration  shall  be  made  in  any  map,  plan  or 
specification  adopted  by  the  canal  board,  and  so  exhibited,  or 
the  plan  of  any  work  under  contract  during  its  progress,  except 
by  the  consent  and  approval  of  the  commissioner  and  the  division 
engineer,  nor  unless  the  description  of  such  alteration  and  the 
approval  thereof  be  reduced  to  writing  and  be  signed  by  the 
parties  making  the  same,  and  a  copy  thereof  shall  have  been 
filed  in  the  office  of  the  state  engineer  and  surveyor.  Nothing 
in  this  section  contained  shall  be  construed  to  authorize  any 
change  of  plan  that  shall  increase  the  expense  of  the  work,  or 
create  any  claims  against  the  state  for  damages  arising  there- 
from, unless  a  written  statement  setting  forth  the  objects  to 
be  attained  by  such  change,  and  the  expense  thereof  shall  have 
been  submitted  to  the  canal  board,  and  their  assent  at  a  meet- 
ing in  which  the  state  engineer  and  surveyor  were  present  shall 
have  been  obtained.1 

§  294.  (R.  £,  §  31.)     All  contracts  for  the  construction  of  contracts 
a  canal,  and  for  the  making  of  any  repairs  or  improvements  in  in  writing, 
the  canals,  directed  by  the  legislature,  or  canal  board,  shall  copies, 
be  made  in  writing,  and  of  each  contract,  three  copies  shall  be 
executed  by  the  parties. 

§  295.  (R.  S.,  §  32,  modified,  1348,  oh.  162.)     One  of  such  Copies  of 
copies  shall  be  retained  by  the  board  of  canal  commissioners, 
or  the  acting  commissioner  having  the  charge  of  such  repairs 
or    improvements;    another    shall    be    deposited    with    the 
[auditor]. 

§  296.  (R.  /£,  §  33.)     Public  notice  shall  be  given  of  the  Notice  foi 

i  '   i  11  i          -ii  •        proposals. 

time  and  place,  at  which  sealed  proposals  will  be  received  for 
entering  into  contracts,  under  the  thirty-first  section,  which 
notice  shall  be  published  for  three  weeks  in  succession  in  the 
state  paper,  and  in  one  or  more  of  the  newspapers  of  each 
county,  in  which  the  work  to  be  performed,  or  any  part 
thereof,  is  to  be  made. 


for  con- 


§  297.  (R.  £,  §  34.)  All  proposals  for  contracts,  for  which 
sealed  proposals  are  to  be  offered,  shall  be  for  a  sum  certain,  tracts. 

1  The  regulations  and  instructions  established  by  the  state  engineer  and 
surveyor,  for  the  engineering  department,  will  be  found  at  the  conclusion, 
of  [Article  X]  of  this  Manual.  Post,  §  882. 


sals 


158  OF  THE  CANAL  COMMISSIONERS. 

as  to  the  price  to  be  paid  or  received ;  and  no  proposition 
which  is  not  thus  definite  and  certain,  or  which  contains  any 
alternative  condition  or  limitation,  as  to  such  price,  shall  be 
received  or  acted  on. 

§  298.  (R.  /&,  §.35.)  No  more  than  one  proposition  shall 
be  received  from  any  one  person  for  the  same  contract,  and 
all  the  propositions  of  the  person  offering  more  than  one,  for 
the  same  object,  shall  be  rejected. 


Commis- 
sioners 
may  re- 


quire 
d 


§  299.  (1872,  ch.  850,  §  1,  and  1873,  ch.  766.) 
All  contracts  for  work  or  material  on  any  canal  (other  than 
eposits.  ordinary  repairs)  which  shall  be  directed  by  the  canal  board  to 
be  advertised  and  let,  shall  be  made  with  the  persons  who 
shall  offer  to  do  or  provide  the  same  at  the  lowest  price,  with 
adequate  security  for  their  performance,  which  letting  shall 
be  under  regulations  to  be  made  by  the  board  of  canal  com- 
missioners as  to  the  form,  regularity  and  validity  of  all  bids, 
securities  and  contracts.1  And  the  canal  commissioners  mav 


1  This  law  re-enacts  and  amends  that  portion  of  ch.  930,  of  1871,  relating 
to  the  letting  of  new  work,  which  established  this  system  of  requiring  de- 
posits to  be  made  with  the  treasurer. 

The  following  is  the  form  of  notice  to  contractors,  and  regulations  pre- 
scribed by  the  canal  commissioners,  in  use  in  1873  : 

NEW  YORK  STATE  CANALS — NOTICE  TO  CONTRACT- 
ORS. —  Pursuant  to  a  resolution  of  the  board  of  canal  commissioners, 
notice  is  hereby  given  that  sealed  proposals  will  be  received  for  the  work 
hereinafter  mentioned  on  the  eastern  division,  at  the  canal  commissioners' 
office,  in  the  city  of  Albany,  on  Thursday,  April  3,  1873,  until  12  o'clock 
noon  of  that  day. 

And  each  and  every  proposal  for  each  and  every  piece  of  work  herein- 
after mentioned  must  be  accompanied  by  United  States  bonds,  or  stocks  of 
the  state  of  New  York,  or  drafts  on  some  banking  institution  in  good  credit 
within  the  city  of  New  York  or  Albany,  payable  at  sight  to  the  President 
of  the  board  of  canal  commissioners,  and  issued  by  national  or  state  banks 
in  good  credit  within  this  state,  for  at  least  the  sum  required  for  each  and 
every  piece  of  work. 

The  name  of  the  party  proposing  for  any  work  ir.ust  be  written  across 
the  face  of  the  draft  accompanying  his  proposition. 

(List  of  work  on  each  division  with  amount  of  deposit  required.) 


REGULATIONS. 

Every  proposal  shall  embrace  a  proposition  for  work,  according  to  tho 
specific  heading  of  the  proposal  sheet.  The  prices  for  the  quantities  exhib- 
ited on  the  proposal  sheet  shall  be  inserted  in  the  blank  column  headed 


OF  CONTRACTS.  159 

require  the  deposit  by  the  proposer  for  said  work  or  materials 
of  such  a  sum  in  United  States  bonds  or  stocks  of  the  state 
of  'New  York,  or  money,  not  exceeding  twenty  nor  less 
than  eight  per  cent  of  the  aggregate  estimate  of  the  work 


"  PRICE,"  and  no  figures  should  be  inserted  in  the  column  headed 
"  AMOUNTS." 

All  propositions  must  be  for  a  sum  certain  as  to  the  price  to  be  paid  or 
received  for  each  and  every  kind  of  work  specified,  in  the  quantities  exhib- 
ited, and  for  no  other ;  and  no  proposition,  not  thus  definite,  will  be  acted 
upon  or  canvassed. 

All  proposals  where,  in  the  opinion  of  the  board  of  canal  commissioners, 
the  prices  are  not  properly  balanced,  will  not  be  canvassed.  Any  proposal 
containing  one  or  more  extravagant  or  excessive  price  or  prices  for  any  par- 
ticular items  of  work,  though  other  prices  may  be  below  their  true  value, 
and  which,  in  consequence  of  such  excessive  prices,  may,  in  the  judgment 
of  the  commissioners,  enhance  the  final  cost  of  the  work,  will  be  adjudged 
as  "  not  properly  balanced."  No  canvass  of  bids  will  be  deemed  complete 
until  approved  by  the  board  of  canal  commissioners. 

In  case  the  board  of  canal  commissioners  shall  be  of  opinion  that  the  pro- 
posals made  at  any  meeting  thereof,  pursuant  to  any  advertisement,  are,  in 
consequence  of  any  combination  or  otherwise,  excessive  and  disadvantageous 
to  the  state,  they  may  decline  all  or  any  of  the  said  proposals,  and  advertise 
anew  for  the  work  and  materials  embraced  therein. 

No  more  than  one  proposition  can  be  received  from  any  one  person  or 
firm  for  the  same  contract,  and  all  the  propositions  of  the  person  offering 
more  than  one  for  the  same  object  shall  be  rejected. 

The  person  or  persons  to  whom  the  work  may  be  awarded  will  be  required 
to  enter  into  contract  for  the  performance  of  the  work  within  ten  days  after 
the  same  shall  have  been  awarded  to  him  or  them,  at  the  place  and  upon 
the  terms  as  to  security  as  shall  be  prescribed  by  the  board  of  canal  com- 
missioners. 

The  name  or  names  of  the  persons  proposing  should  be  written  out  in 
full,  with  their  place  of  residence  and  post-office  address. 

Attention  is  called  to  the  following  provisions  of  chapter  766,  Laws  of 
1873: 

"  And  in  case  the  proposer,  to  whom  such  work  shall  be  awarded,  shall 
neglect  or  refuse  to  enter  into  said  contract,  the  sum  so  deposited  shall  be 
forfeited  to  the  state,  and  the  commissioners  shall  pay  the  same  into  the 
state  treasury,  and  it  shall  become  a  part  of  the  canal  fund.  And  upon  the 
entering  into  said  contract,  the  sum  of  money,  bonds  or  stocks  required  by 
the  commissioners  as  security  for  the  entering  into  said  contract,  together 
with  such  other  additional  securities  as  they  may  require,  may  be  held  as 
security  for  the  completion  of  the  work,  and  shall  be  deposited  with  the 
treasurer  as  a  special  trust,  to  be  returned  by  him  to  the  contractor,  with 
such  further  sum  as  he  may  have  realized  for  the  use  thereof,  when  the 
commissioners  in  charge  and  the  state  engineer  shall  certify  that  the  con- 
tractor has  fully  completed  his  contract,  and  that  the  state  has  no  further 
claim  upon  such  funds. 

"  But  in  case  he  shall  enter  into  said  contract  and  fail  in  the  performance 
thereof,  the  same  shall  be  declared  abandoned  by  said  commissioners,  pur- 


160  OF  THE  CANAL  COMMISSIONERS. 

to  be  let,  as  they  may  deem  necessary  to  secure  the  entering 
into  said  contract.  And  in  case  the  proposer,  to  whom  such 
work  shall  be  awarded,  shall  neglect  or  refuse  to  enter  into 
such  contract,  the  sum  so  deposited  shall  be  forfeited  to  the 


euant  to  the  terms  of  the  contract,  then  the  sum  of  money  so  deposited 
shall  be  forfeited  to  the  state,  and  paid  into  the  treasury  and  become  a  part 
of  the  canal  fund." 

It  is  expressly  understood  and  agreed  that  the  party  or  parties  of  the  first 
part  is  to  perform  all  the  conditions  of  his  or  their  contract  for  the  prices 
and  compensations  therein  specified,  without  any  further  claim  for  compen- 
sation from  the  state. 

The  price  or  prices  in  the  contract  will  be  considered  as  including  the 
expense  of  furnishing  all  the  materials  and  performing  all  the  work,  accord- 
ing to  the  plans,  specifications  and  notices  exhibited  at  the  letting,  and  for 
all  increase  of  quantities  that  may  arise  in  the  progress  of  the  work. 

The  person  or  persons  to  whom  the  work  may  be  awarded  will  be  required 
by  the  board  of  canal  commissioners  to  give  the  bond  for  the  payment  of 
laborers'  wages,  as  required  by  chapter  278  of  Laws  of  1850 ;  and,  also,  the 
usual  bond  for  fulfillment  of  contract. 

No  acceptance  of  a  proposal  or  award  of  a  contract  by  the  board  of  canal 
commissioners,  and  no  contract  made  by  them,  or  any  interest  in  the  same 
shall  be  assignable  to  any  person  or  persons. 

Fifteen  per  cent  of  the  amount  of  any  work  done  or  materials  furnished, 
at  the  contract  price  thereof,  shall  be  reserved  by  the  canal  commissioners 
until  the  whole  work  which  is  the  subject  of  the  contract  shall  have  been 
fully  and  entirely  completed. 

Contractors  will  be  required  to  receive  and  use  in  the  work,  when  so 
directed,  all  such  materials  as  belong  to  the  state,  on  any  of  the  above 
work,  and  allow  therefor  such  prices  as  may  be  fixed  by  the  commissioner 
and  engineer  in  charge. 

And  in  case  the  canal  commissioners  shall  suspend  the  work  hereby 
advertised  for  want  of  funds,  or  for  any  other  cause  whatever,  after  notice 
to  the  contractor  or  contractors,  no  claim  whatsoever  for  interest,  damages 
or  prospective  profits  will  be  entertained  or  allowed  to  the  contractor  or 
contractors. 

The  plans,  maps,  specifications,  quantities  of  materials,  forms  of  con- 
tract, notices,  and  all  necessary  papers,  with  which  proposers  will  be  re- 
quired to  comply,  will  be  ready  for  examination,  for  five  days  prior  to  the 
time  limited  for  the  letting,  for  the  eastern  division,  at  the  engineer's  office 
in  the  city  of  Albany,  and  for  the  work  on  the  western  division,  at  the  engi- 
neer's office  in  the  city  of  Rochester. 

All  proposals  must  be  addressed  to  the  board  of  canal  commissioners, 
and  there  should  be  written  on  the  envelope,  "  Proposals  for  public  work," 
and  the  work  proposed  for  should  be  designated. 

Dated  at  ALBANY,  March  20, 1873. 

JOHN  D.  FAY, 

ALEX.  BARKLEY, 
R.  W.  STROUD, 

Canal  Commissioners. 


OF  CONTRACTS.  161 

state,  and  the  commissioners  shall  pay  the  same  into  the. state 
treasury,  and  it  shall  become  a  part  of  the  canal  fund.  And 
upon  the  entering  into  said  contract,  the  bonds  or  stocks  or 
money  required  by  the  commissioners  as  security  for  the  enter- 
ing into  said  contract,  together  with  such  other  additional  securi- 
ties as  they  may  require,  may  be  held  as  security  for  the 
completion  of  the  work,  and  shall  be  deposited  with  the  treas- 
urer as  a  special  trust,  to  be  returned  by  him  to  the  contractor 
with  such  further  sum  as  he  may  have  realized  for  the  use 
thereof,  when  the  commissioner  in  charge  and  the  state  engi- 
neer shall  certify  that  the  contractor  has  fully  completed  his 
contract,  and  that  the  state  has  no  further  claim  upon  such 

NOTE.  —  The  annual  appropriation  acts  for  new  work  and  extraordinary 
repairs  of  the  canals,  from  1867  to  and  including  1873,  have  contained  the 
following  provisions  relating  to  the  money  appropriated  and  the  work 
therein  specified  : 

"  In  order  to  remove  all  doubts  in  respect  to  the  authority  of  the  canal 
commissioners  to  commence  the  new  works  for  which  appropriations  are 
herein  made,  and  no  legislative  direction  is  otherwise  given  by  special  laws, 
it  is  hereby  declared  that  the  said  canal  commissioners  are  hereby  author- 
ized to  construct  or  cause  to  be  constructed  all  such  new  works  for  which 
appropriations  are  herein  made,  subject,  however,  to  all  restrictions,  pro- 
visions and  conditions  contained  in  this  act." 

"  No  part  or  portion  of  the  moneys  herein  appropriated  for  new  work 
shall  be  expended  or  paid,  nor  shall  any  contract  involving  such  expendi- 
ture and  payment  be  made  on  behalf  of  this  state,  until  the  maps,  plans 
and  estimates  for  such  new  work  shall  have  been  submitted  to  and  approved 
by  the  canal  board." 

"  No  more  money  shall  be  expended  on  the  works  hereinbefore  enumer- 
ated than  is  above  appropriated,  and  it  shall  not  be  lawful  for  the  officers 
having  in  charge  the  execution  of  the  said  works  to  make  any  contracts 
whereby  any  expenditure  in  excess  of  the  appropriation  will  be  incurred, 
or  any  further  appropriation  for  the  same  rendered  necessary." 

"To  meet  the  appropriations  made  in  this  act  of  the  moneys  to  be  col- 
lected by  and  upon  the  said  tax  with  as  little  delay  as  practicable,  the  com- 
missioners of  the  canal  fund  or  comptroller  may,  from  time  to  time,  invest 
in  the  said  tax  any  surplus  moneys  of  the  principal  of  the  sinking  funds 
under  article  seven  of  the  constitution,  a  sum  or  sums  not  exceeding  in  all 
the  amount  to  be  realized  from  said  tax  hereby  authorized  ;  and  the  moneys 
so  invested  shall  be  applied  to  pay  the  appropriation  under  this  act ;  and  so 
much  of  the  moneys  arising  from  the  said  tax  as  may  be  necessary,  when 
paid  into  the  treasury,  is  hereby  pledged,  and  shall  be  applied  in  the  first 
instance,  to  re-imburse  the  said  sinking  funds  for  the  amount  invested  in 
said  tax,  and  for  the  interest  on  the  same,  at  a  rate  not  exceeding  six  per 
cent  per  annum,  from  the  time  of  investment  to  the  day  of  p  ivment." 

The  acts  for  1870,  '71  and  '72  also  contain  the  following  provision: 

"  The  final  account  for  any  new  work  authorized  by  the  provisions  of  this 
act  or  any  previous  acts,  or  for  which  money  has  been  or  is  hereby  appro- 
priated, may  be  subject  to  revision  by  the  canal  boar  1." 

21 


162  OF  THE  CANAL  COMMISSIONERS. 

funds.  But  in  case  he  shall  enter  into  said  contract  and  fail  in 
the  performance  thereof,  the  same  shall  be  declared  abandoned 
by  said  commissioners,  pursuant  to  the  terms  of  the  contract, 
then  the  bonds  or  stocks  or  money  so  deposited  shall  be  for- 
feited to  the  state,  and  paid  into  the  treasury  and  become  a 
part  of  the  canal-  fund.  The  canal  board  may,  in  the  resolu- 
tion authorizing  any  work  to  be  let,  prescribe  the  length  of 
time  of  advertising  not  less  than  ten  days.  *  *  * 

Contracts.  §  300.  (1866,  ch.  836,  §  9.)  It  shall  be  the  duty  of  the 
canal  board  to  cause  to  be  inserted  in  all  contracts  for  work  or 
repairs  on  the  canals,  a  clause  requiring,  the  contractor  to  pay 
all  damages  arising  to  the  State  or  to  any  individual,  by  reason 
of  the  negligence,  default  or  misconduct  of  such  contractor  in 
the  performance  of  such  contract.1 

security.  §  301.  (R.  &,  §  36.)  Every  person  who  shall  enter  into 
any  contract  for  the  supply  of  materials  or  the  performance  of 
labor,  on  any  canal,  shall  give  satisfactory  security  to  the  canal 
commissioners,  for  the  faithful  performance  of  his  contract, 
according  to  its  terms ;  and  if  any  person,  having  given  such 
security,  shall  neglect  or  refuse  to  perform  his  contract  he  shall 
be  excluded  from  any  interest  in  any  future  contract,  in  relation 
to  the  same  object. 

Conwac-         8  302.  (1850,  ch.  278,  §  1.)     It  shall  be  the  duty  of  any 

tore  to  give 

bonds  to     canal  commissioner  or  other  officer  having  charge  of  the  letting 

pay  labor- 
ers, of  any  contract  for  work  on  any  of  the  canals  or  other  public 

\vorks  of  this  state,  to  require  and  take,  in  addition  to  the 
bond  now  required  by  law  for  the  security  of  the  state,  a  bond 
with  good  and  sufficient  sureties  not  less  than  two,  conditioned 
that  such  contractor  shall  well  and  truly  pay  in  full,  at  least 


1  Ch.  766,  of  1873,  providing  for  new  work,  etc.,  imposes  the  following 
condition  to  the  erection  of  the  new  bridges,  named  in  the  act :  "  The  canal 
commissioner  shall  in  each  instance,  before  proceeding  to  the  construction 
of  the  bridges  provided  for  in  this  act,  require  and  receive  from  all  per- 
sons, whose  property,  rights  or  interests  may  be  affected  by  such  bridge, 
approaches  or  embankments,  a  full  and  sufficient  release,  legally  executed 
and  acknowledged,  free  of  all  expense  to  the  state,  of  all  claims  for  dam- 
ages in  consequence  of  the  construction  of  said  bridge,  or  of  the  approaches 
or  embankments  of  the  same,  and  also  a  good  and  sufficient  license  or  per- 
mission to  the  state,  duly  executed  and  acknowledged,  to  alter,  change  and 
raise  such  bridge,  approaches  or  embankments,  wherever  necessary,  which 
necessity  is  to  be  determined  by  the  canal  commissioners." 


OF  CONTRACTS.  163 

once  in  each  month,  all  laborers  employed  by  him  on  the  work 
specified  in  such  contract,  which  bond  shall  be  duly  acknowl- 
edged before  an  officer  authorized  to  take  acknowledgment  of 
deeds,  and  filed  by  the  officer  taking  the  same,  in  the  office  of 
the  clerk  of  the  county,  wherein  such  work  or  contract  is  to  be 
performed.  And  when  such  work  shall  be  partly  in  two  or  where 
more  counties,  there  shall  be  such  a  bond  filed  in  the  clerk's 
office  of  each  county. 

§  303.  (Same  cA.,  §  2.)     Suits  may  be  commenced  on  said  when 
bond  before  a  justice  of  the  peace,  when  the  amount  claimed  ted.8e° 
shall  not  exceed  the  jurisdiction  of  a  justice  of  the  peace,  and 
a  transcript  of  such  bond,  duly  authenticated  by  the  county 
clerk,  may  be  used  in  evidence  in  such  suit. 

§  304.  (Same  <?A.,  §  3.)     The  bringing  of  a  suit  by  one  or  suits,  how 
more  laborers,  upon  such  bond,  ^hall  not  operate  as  a  bar  to  bl 
the  bringing  of  other  suits  thereon,  by  any  of  the  parties  for 
whose  benefit  such  bond  was  taken,  and  to  whom  such  con- 
tractor shall  be  indebted  for  labor.     But  no  recourse  shall  be 
had  to  the  sureties  upon  such  bond,  unless  proceedings  shall 
be  commenced  within  thirty  days  after  the  completion  of  the 
labor,  the  payment  of  which  is  secured  by  such  bond.     But 
nothing  in  this  act  contained  shall  prevent  or  bar  a  suit  against 
such  contractor  within  the  time  limited  by  law. 

§  305.  (1849,  ch.  348,  §  2.)    No   alteration   shall  hereafter  provision 
be  made  in  the  manner  of  executing  or  performing  the  work  theaman- 
under  any  contract,  which  shall  materially  increase  or  diminish  cuting  the 
the  quantity  of  material  to  be  furnished  or  work  done  under  der  con- 
such  contract,  unless  such  alteration  shall  be  expressed  in  a 
writing  signed  by  the  parties  to  the  contracts,  or  by  the  canal 
commissioners  in  pursuance  of  the  provisions  of  the  contract, 
of  which  writing  there  shall  be  made  the  same   number  of 
copies  to  be  deposited  in  the  same  places  as  is  provided  in 
relation  to  contracts  on  the  public  works. 

§  306.  (R.  S..  §  37.)    No  allowance  over  and  above  the  con-  NO  extra 

,     ,         ,  .  .     .  allowance. 

tract  price  shall  be  made  by  the  canal  commissioners  to  any 
contractor,  unless  such  extra  allowance  shall  be  directed  by  the 
canal  board.1 

1  By  ch.  348  of  1849,  the  canal  board  are  prohibited  from  making  extra 
allowances  to  contractors  on  contracts  made  since  the  passage  of  the  act. 


164  OF  THE  CANAL  COMMISSIONERS. 

Materials        8  307.  (E.  S..  §  38.)     All  materials   procured,  or  partially 

exempt  . 

from  exe-   procured,  under  a  contract  with  the  canal  commissioners,  shall 

cution.         *  t  ' 

be  exempt  from  execution  ;  but  it  shall  be  the  duty  of  the 
canal  commissioners,  to  pay  the  moneys  due  for  such  materials 
to  the  judgment  creditor  of  the  contractor,  under  whose  execu- 
tion such  materials  might  otherwise  have  been  sold,  upon  his 
producing  to  them  due  proof  that  his  execution  would  have  so 
attached ;  and  such  payment  shall  be  held  a  valid  payment  on 
the  contract. 

payment        §  308.  (E.  S..  §  39  ;  modified  1848,  ch.  162.)     Either  of  the 

of  con-  .     .  '  i       r       j.        n  « 

tracts.        canal  commissioners  may  draw  upon  the  [auditor]  for  any  sum 

13  Barb.  86;   ,      ,  .  -,    ,  -T.  ,    .,.  ,. 

7  N.  Y.  9.  to  be  paid  to  a  contractor  upon  his  contract ;  and  if  a  copy  of 
such  contract  shall  have  been  duly  filed  in  the  office  of  the 
[auditor],  and  a  receipt  of  the  contractor  for  such  draft  shall 
also  be  filed  in  the  same  office,  it  shall  be  the  duty  of  the 
[treasurer,  on  the  warrant  of  the  said  auditor,]  to  pay  the 
draft. 

Money,  §  309.  (1847,  ch.  278,  §  2.)     No  money  shall  hereafter  be 

paid  to       advanced  or  paid  to  any  canal  contractor  on  his  contract  except 

contrac-  ,  .,.,/,  .  .  ,      ,, 

tors.  on  the  sworn  certificate  of  an  engineer  in  such  form  as  the 

canal  board  shall  prescribe,  that  he  has  actually  measured  the 
work  or  material  included  in  the  certificate,  and  believes  that 
the  quantities  therein  stated  do  not  exceed  the  amounts  actu- 
ally performed  or  delivered  by  the  contractor,  which  certificate 
shall  be  sworn  to  before  either  of  the  canal  commissioners  or 
any  judge  or  justice  of  the  peace. 

§  310.  (Same  ch.,  §  3.)  The  sworn  measurement  referred 
to  in  the  preceding  section  shall  be  given  to  the  canal  commis- 
sioner, and  shall  accompany  the  receipt  of  the  contractor  when 
presented  at  the  canal  department  for  final  audit. 

Engineers       §311.  (Same  ch.,  %  4.)     Every  engineer  on  whose  certificate 

to  record  J  °       '  '' 

measure-    payments  are  made  for  any  public  work  shall  enter  in  a  book 

ments.  r    •; 

to  be  kept  for  that  purpose  every  measurement  made  by  him- 
self or  his  assistant,  with  such  explanation  in  regard  to  the 
location  and  character  of  the  material,  if  the  same  has  not  been 
placed  in  the  public  work,  as  will  enable  his  successor  to  iden- 
tify and  secure  the  material  for  the  use  of  the  state,  and  on 
leaving  the  public  service,  such  book  of  measurements  shall  be 
deposited  with  the  secretary  of  the  board  of  canal  commis- 
sioners. 


OF  CONTRACTS.  165 

§  312.  (1866,  eh.  836,  §  2.)     It  shall  be  the  duty  of  the  Affidavits 

J  toaccom- 

auditor  of  the  canal  department  to  reiect  and  refuse  payment  pany 

.      .  r  J  i          drafts,  etc. 

of  any  canai  commissioners  draft  or  certificate,  or  any  other 
claim  against  the  state,  founded  on  the  certificate  or  measure- 
ment of  an  engineer  in  the  employment  of  the  state,  unless 
such  estimate  and  measurement  shall  be  sworn  to  and  verified, 
as  provided  in  the  second  section  of  the  act  entitled  "  An  act 
in  relation  to  the  public  works,  and  the  officers  connected 
therewith,"  passed  March  12,  1847. 

§  313.  (1862,  ch.  137,  §  2.)     The  canal   commissioner  in  May  cer- 

7 ,  '  tlfy  to 

charge  may  certify  the  amount  due  any  contractor  on  a  final  amount  of 
estimate  made  on  the  completion  of  a  contract,  or  a  cancellation  account, 
thereof,  for  work  done  and  materials  furnished  since  the  thir- 
teenth day  of  April,  one  thousand  eight  hundred  and  fifty- 
nine.1 

ENGINEERS. 

§  314.  (1837,  ch.  451,  §  1 ;  modified  1848,  ch.  16Si.)     Either  Drafts  foi 

_,    payment 

of  the  acting  canal  commissioners  may  draw  upon  the  [auditor]  of  engm- 
for  any  sum  to  be  advanced  to  an  engineer  to  meet  the  expenses 
of  the  engineer  department ;  and  if  the  bond  of  said  engineer 
shall  have  been  duly  filed  in  the  office  of  the  [canal  depart- 
ment], and  a  receipt  of  the  engineer  for  such  draft  shall  also  be 
filed  in  the  same  office,  it  shall  be  the  duty  of  the  [auditor]  to 
pay  the  draft;  provided  the  advances  to  an  engineer,  unac- 
counted for,  shall  at  no  time  exceed  the  sum  of  five  thousand 
dollars. 


1  The  Manual  of  canal  laws,  compiled  in  1863,  contains  the  following 
section  from  ch.  149,  Laws  of  1859 :  "  An  act  to  provide  the  means  for  the 
enlargement  and  completion  of  the  canals  of  this  state,  for  the  fiscal  year 
commencing  October  1,  1859,  and  for  other  purposes." 

"  §  4.  The  auditor  of  the  canal  department  shall  notify  the  canal  com- 
missioners, respectively,  when  and  as  soon  as  he  shall  have  any  money  on 
hand  subject  to  their  drafts,  and  the  amount  thereof,  and  for  what  object 
or  work  it  is  applicable  ;  and  the  canal  commissioners  shall  make  no  more 
drafts  on  the  said  auditor  until  the  receipt  of  the  notice  aforesaid,  or  for  a 
larger  sum,  or  different  object,  than  authorized  by  such  notice  from  the 
auditor ;  but  nothing  in  this  act  shall  prevent  the  canal  commissioner  or 
engineer  in  charge  from  certifying  the  amount  due  the  contractor,  for  work 
done  and  materials  furnished,  or  for  any  award  made  by  the  canal  appraisers 
for  land  taken,  or  damages  done  previous  to  the  passage  of  this  act." 

This  section  seems  to  apply  only  to  the  funds  provided  and  work  author- 
ized by  that  chapter,  but  the  latter  clause,  relating  to  certificates,  may  be 
of  general  import  as  to  the  implied  authority  of  canal  commissioners  to 
issue  certificates  for  awards  of  canal  appraisers. 


166 


OF  THE  CANAL  COMMISSIONERS. 


n?netin 
days. 


Engineer        §  315.  (Same  ch.,  §  2  1  modified  1848,  ch.  162.)     Before  any 

to  execute      -.  ,     ,,  ,  '  •  .  J 

bond.  advance  shall  be  made  to  an  engineer,  he  shall  execute  and  file 
in  the  office  of  the  [auditor],  a  bond  to  the  people  of  this  state, 
for  the  faithful  expenditure  of  the  moneys  which  shall  be 
intrusted  to  him,  in  such  penalty  and  form  as  the  canal  board 
shall  direct,  and  with  such  sureties  as  the  [auditor]  shall  approve, 
upon  which  said  bond  the  said  engineer  and  his  sureties  shall 
be  responsible  to  the  state  for  moneys  advanced  to  him  as 
aforesaid. 


§316.  (Same  ch.,  §  3;  modified  1848,  oh.  162.)  Such 
engineer  shall,  as  often  as  once  in  ninety  days,  render  his 
account  to  the  [auditor],  who  shall  audit  the  same  ;  and  if  he 
shall  omit  to  render  his  account,  or  his  accounts  as  rendered 
be  not  satisfactory,  the  [auditor],  shall  notify  the  canal  com- 
missioners and  the  commissioners  of  the  canal  fund  thereof; 
and  no  further  advances  of  money  shall  be  made  to  such 
enineer. 


Accounts  §  317.  (Same  ch.,  §4;  modified  1848,  ch.  162.)  Before  any 
tmed  by  "a  engineer's  account  for  expenditures  shall  be  presented  to  the 
[auditor],  the  canal  commissioner  having  charge  of  that  part 
of  the  canal  on  which  such  engineer  is  employed,  shall  certify 
on  such  account  that  he  has  examined  the  same  ;  that  the  sev- 
eral disbursements  specified  therein  were  made  under  his 
direction  on  the  canal,  or  for  payments  necessary  to  be  made 
thereon  ;  and  that  he  believes  such  disbursements  to  be  proper 
and  reasonable,  and  to  have  been  made  as  charged. 


Penalties, 


ACCOUNTS  AND  REPORTS. 

§  318.  (R.  /£,  §  41  ;  modified  1848,  ch.  162.)  In  all  cases  in 
which  suits  shall  be  brought  by  the  canal  commissioners,  or 
under  their  direction,  for  the  recovery  of  penalties  or  damages 
under  the  provisions  of  this  title,  it  shall  be  their  duty  to  keep 
an  accurate  account  of  the  recoveries,  and  of  the  costs  and 
expenses,  and  after  deducting  such  costs  and  expenses,  to  pay 
over  the  residue  of  the  sums  received  [into  the  state  treasury], 
or  account  for  the  same  with  the  [auditor]. 

certain          §  319.  (R.  S.,  §  43.)     No  acting  commissioner,  superintend- 

to  be'heid  ent  of  repairs,  collector  or  lock-keeper,  on  any  canal,  shall  be 

held  to  bail,  or  taken  by  warrant,  in  any  civil  suit,  for  any  act 


ACCOUNTS  AND  REPORTS.  167 

done  or  omitted  to  be  done  by  him,  in  the  exercise  of  his  official 
duties.     4  Denio,  356  ;  20  Johns.  735. 

S  320.  (1847.  oh.  278,  §  13.)     All  work  connected  with  the  Work  by 

•  -n   •  IT  i        contract 

enlargement  and  improvement  ot  the  Erie  canal,  done  under  on  Erie 
contracts  made  by  the  canal  commissioners,  shall  be  kept  dis- 
tinct as  far  as  practicable  from  the  ordinary  repairs  of  the  canal, 
by  superintendents.  The  regulations  of  the  canal  board,  made 
in  compliance  with  the  provisions  of  the -preceding  sections  of 
this  act,  shall  apply  to  all  proceedings  of  the  canal  commis- 
sioners and  engineers,  in  giving  notice  and  receiving  proposi- 
tions in  relation  to  any  of  the  public  works.1 

§  321.  (R.  S..  §  40 ;    modified  1848,  ch.  162.)     No  canal  Advances 

'    .  tocommis. 

commissioner  shall  be  allowed  as  such,  to  have  in  his  hands  at  sioners. 
any  one  time,  more  than  ten  thousand  dollars ;  and  every  sum 
advanced  to,  or  received  by  him,  shall  be  deemed  to  remain  in 
his   hands   until    its   application   shall    have    been   properly 
accounted  for  to  the  [auditor], 

§  322.  (R.  S.,  §  42;  modified  1848,  ch.  162.)     It  shall  be  TO  settle 

.     .  ,  accounts. 

the  duty  ot  the  canal  commissioners  to  account  and  settle  with  Seegiei. 
the  [auditor]  on  or  before  the  fifteenth  day  of  January  in  each 
year,  for  all  moneys  received  by  them,  and  each  of  them,  from 
*  *  *  the  canal  fund,  or  belonging  to  that  fund;  and 
auch  settlement,  specifying  the  sums  respectively  paid  to  all 
contractors,  engineers,  agents  and  servants  of  every  descrip- 
tion, employed  on  the  canals,  and  to  all  persons  having 
received  a  compensation  for  damages,  and  the  names  of  such 
persons  shall,  without  delay,  be  reported  by  the  [auditor]  to 
the  legislature. 

§  323.  (R.  S.,  §  44.)    Within  twenty  days  from  the  com-  Report  to 
mencement  of  each  annual  session  of  the  legislature,  the  canal  ture. 
commissioners  shall  make  their  report  to  the  legislature ;  and 
in  such  report  shall  state  the  condition  of  the  canals,  and  all 
the  works  and  improvements  connected  therewith;  the  im- 

1  The  latter  clause  of  this  section,  as  to  proceedings  of  the  canal  commis- 
sioners, in  giving  notice  and  receiving  propositions  for  public  work,  is 
amended  by  ch.  930  of  1871,  and  ch.  850  of  1872,  which  give  the  board  of 
canal  commissioners  power  to  make  regulations  "  as  to  the  form,  regularity 
and  validity  of  all  bids,  securities  and  contracts,"  used  in  letting?,  for  works 
or  materials  on  any  canals. 


168  OF  THE  CANAL  COMMISSIONERS. 

provements  and  repairs  made  during  the  past  year  or  contem- 
plated to  be  made,  and  the  amount  of  moneys,  during  the  same 
period,  received  and  expended  by  them,  and  each  of  them, 
in  the  discharge  of  their  duties,  and  shall  recommend  such 
measures,  in  relation  to  the  canals,  as  they  shall  deem  the 
public  interests  to  require. 

Time  of  §  324.  (1859,  ch.  437,  §  1.)  *  *  *  State  officers  or 
tion  of  heads  of  departments,  required  by  law  to  submit  an  annual 
report  to  the  legislature  of  this  state,  are  hereby  required  to 
complete  their  several  annual  reports  for  the  previous  fiscal 
year,  ending  on  the  thirtieth  day  of  September,  of  each  year, 
on  or  before  the  tenth  day  of  December  succeeding,  and  cause 
the  same,  on  or  before  that  day  to  be  placed  in  the  hands  ot 
the  person  having  the  contract  to  do  the  printing  for  the 
senate  and  assembly  under  and  in  pursuance  of  the  provisions 
of  §  2.  ch.  24,  of  the  Laws  of  1846.1 

OF   SUPERINTENDENTS,    ESTIMATES,    ETC. 

Advances        §  325.  (1837,  ch.  451,  §  7 ;  modified  1848,  oh.  162.)     Before 

to  superin-  '  ' ° 

tendents,    any  advance  ot  monev  shall  be  made  to  a  superintendent  of 

now  made. 

canal  repairs  by  the  [auditor],  he  shall  make  out  a  detailed 
statement,  in  such  form  as  the  said  [auditor]  shall  prescribe, 
of  the  several  anticipated  objects  of  expenditure  on  the  line  of 
canal  under  his  charge. 

DO.  §  326.  (Same  ch.,  §  8 ;  modified  1848,  ch.  162.)     If  the  said 

estimate  shall  be  filed  in  the  office  of  the  [auditor],  with  the 
certificate  thereon  of  the  acting  canal  commissioner,  stating 
that  in  his  opinion,  the  whole  amount  or  if  less  than  the  whole 
amount,  what  portions  of  the  said  estimate  should  be  advanced, 
the  [auditor]  may  make  advances  on  the  same,  in  such  sums, 
and  as  often  as  [he]  may  deem  necessary :  provided  such  ad- 
vances shall  not  exceed  the  amount  certified  by  the  commis- 
sioner. 

DO.  §  327.  (1859,  ch.  495,  §  8.)     When  any  superintendent  of 

canal  repairs,  or  resident  engineer  having  charge  of  such 
repairs,  shall  submit  to  the  canal  commissioner  in  charge  the 
detailed  statement  of  the  several  anticipated  objects  of  expendi- 
ture on  the  line  of  the  canal  under  his  charge,  it  shall  be  the 


1  See  ante.  £  162,  and  note. 


OF  SUPERINTENDENTS,  ESTIMATES,  ETC.  169 

duty  of  guch  commissioner,  if  he  dissents  from  any  particular 
object  of  expenditure  set  forth  in  such  estimate,  in  whole  or  in 
part,  or  if  he  shall  consider  the  sum  estimated  for  the  objects 
named  to  be  larger  than  will  be  required,  to  state,  in  writing, 
on  the  estimate,  his  allowance  or  disallowance  of  each  particular 
object  of  expenditure  named  therein,  and  of  the  amount  which 
in  his  judgment  may  be  required  for  each  work  or  object ; 
and  every  such  superintendent  and  engineer  shall  apply  the 
sums  so  estimated  and  allowed  to  the  work  or  object  named 
in  such  estimate,  and  to  no  other  purpose  whatever.1  And  all 
orders  and  directions  given  by  any  engineer  to  any  contractor 
on  the  public  works,  during  the  progress  of  the  same,  and  in 
relation  thereto,  shall  be  in  writing. 

§  328.  (1847,   ch.  278,  §   5.)     Each   canal  superintendent  Boats,  im- 
under  such   regulations  as  shall  be   prescribed  by  the   canal  and  mate- 
board,  shall  procure  all  boats,  wheelbarrows,  tools  and  imple-  procured 
ments,  lumber,  stone  and   other   materials   required  for  the 
ordinary  repairs  of  the  canals  by  giving  notice  for  two  weeks 
in  two  papers  designated  to  publish  the  laws  in  each  county 
through  which  his  section  of  the  canal  passes,  of  the  day  and 
hour  when  sealed  propositions  will  be  received  for  the  supply 
of  the  articles  required.     In  addition  to  the  requirements  of 
sections  thirty-four  and  thirty-five,  article  two,  title  nine  of 
chapter  nine  of  the  first  part  of  the  Revised   Statutes,  the 
canal  board  shall  prescribe  such  rules  in  regard  to  the  notice 
to  be  given,  and  the  time  and  manner  of  receiving  and  open- 
ing proposals  as  will  effectually  secure  the  rights  of  the  bidders 
and  the  interests  of  the  state,  and  in  rebuilding  locks,  bridges  when 
and  other  structures  on  the  finished  canals  the  canal  commis-  sioners 
sioners  shall   contract  for  the   same  on    sealed   propositions,  tract, 
except  during  the  season  of  navigation. 

§  329.  (Same  ch.,  §  6.)     Every  person  proposing  to  become  proposals, 
a  contractor  for  furnishing  materials  or  tools  under  this  act  m°ade.° 
shall  accompany  his  proposals  by  an  engagement,  substantially 
in  such  form  as  said  canal  board  shall  prescribe,  signed  by 
some  responsible  person  or  persons  guaranteeing  that  said  per- 
son or  persons  making  such  proposal   shall,  within  ten  days 
after  the  acceptance  of  his  or  their  proposals  by  said  commis- 
sioners, enter  into  a  contract  in  writing  with  said  commission- 


1  See  post,  note  to  §§  335  and  338. 

22 


170  OF  THE  CANAL  COMMISSIONERS. 

ers  and  their  successors  in  office  for  the  faithful  performance 
of  such  proposals ;  and  if  any  person  or  persons  to  whom  any 
contract  may  be  awarded  shall  neglect  or  refuse  to  enter  into 
such  contract  within  such  time  as  is  herein  prescribed  for  that 
purpose,  it  shall  be  the  duty  of  said  commissioners  to  receive 
further  proposals  for  furnishing  such  materials  and  tools  as 
remain  uncontracted  for  by  reason  of  such  neglect,  and  to 
prosecute  the  person  or  persons  so  neglecting  to  enter  into 
contract  according  to  their  proposals  and  their  sureties  for 
such  damages  as  the  state  may  have  sustained  by  reason  of 
such  neglect  or  refusal. 

Contrac-  §  330.  (Same  ch.,  §  7.)  Every  contractor  shall  give  satis- 
security!76  factory  security  to  the  canal  commissioners  for  the  faithful 
performance  of  his  contract,  and  if  any  person  or  persons 
having  entered  into  any  such  contract  shall  fail,  neglect  or 
refuse  to  perform  his  contract  or  the  requisitions  of  the  canal 
commissioners  or  superintendent  having  the  oversight  and 
charge  thereof,  made  in  conformity  with  such  contract,  such 
contract  may  by  said  canal  commissioners  be  declared  aban- 
doned, and  such  person  or  persons  shall  be  thereafter  excluded 
from  any  interest  in  any  future  contract  in  relation  to  the 
same  and  all  similar  objects. 

Penaityfor      8  331.  (Same  ch.,  %  8.}    If  any  contractor  for  the  furnishing 

neglect  or         *  \  ° .    ' 

refusal  to  oi  any  tools  or  materials  upon  any  section  or  sections  of  any 
contract,  of  said  canals  shall  fail,  neglect  or  refuse  to  perform  his  con- 
tract relative  thereto,  or  to  comply  with  any  requisition  made 
in  accordance  therewith  of  any  acting  canal  commissioner  or 
superintendent  in  charge  of  any  such  section  or  sections,  it 
shall  be  the  duty  of  such  commissioner  or  superintendent  under 
his  order  to  procure  all  such  tools  and  materials  as  may  be 
necessary  for  immediate  use  and  until  such  contract  shall  be 
relet,  and  such  contractor  and  his  sureties  shall  be  liable  for 
all  damages  which  may  result  from  such  neglect  or  refusal, 
together  with  all  necessary  extra  cost  of  materials  and  tools 
over  and  above  the  contract  price,  rendered  necessary  to  be 
purchased  or  procured  by  any  commissioner  or  superintendent 
by  reason  of  such  neglect  or  refusal. 

in  case  of       §  332.  (Same  ch.,  §  9.)     In  the  event  of  any  breach  or  other 

efc.^°deefl-    extraordinary  event  rendering  necessary  an  increased  quantity 

>e  sup-  '    or  amount  of  materials  or  tools  upon  any  section  of  said  canals, 

the  supply  of  which  cannot  consistently  with  the  safety  and 


OF  SUPERINTENDENTS,  ESTIMATES,  ETC.  171 

requisite  good  reparation  or  condition  of  said  canals  be  obtained 
under  and  by  virtue  of  the  contracts  herein  required  to  te 
made  in  season  for  the  exigencies  of  the  occasion,  any  canal 
commissioner  or  superintendent  in  charge  of  any  portion  of 
said  canals  where  such  necessity  may  exist,  is  hereby  author- 
ized and  required  to  supply  any  deficiency  that  may  be  found 
to  exist  upon  the  best  practicable  terms  for  the  interest  of  the 
state,  rendering  to  the  canal  board  as  soon  as  consistent  there- 
after, a  just  and  true  detailed  statement  of  the  materials  or 
tools  purchased  and  of  the  circumstances  rendering  such  pur- 
chase necessary,  which  statement,  or  a  copy  thereof,  shall  be 
communicated  to  the  legislature  at  its  next  session.  But 
nothing  herein  contained  shall  be  so  construed  as  to  permit 
the  purchase  of  any  materials  or  tools  for  the  supply  of  which 
contracts  are  in  existence  in  any  other  manner  than  by  con- 
tract, whenever  the  same  can  be  procured  by  contract  without 
delay  to  the  navigation  of  the  canals  or  injury  to  the  interest 
of  the  state. 

§  333.  (Same  ch..  8  10.)  All  materials  and  tools  purchased  Tools  an<j 

v  materials 

by  and  delivered  or  offered  for  delivery  in  pursuance  of  any  to  be  ex- 
contract  made  under  the  provisions  of  this  act  shall  be  carefully 
and  thoroughly  examined  and  inspected  by  an  acting  canal 
commissioner  or  superintendent  in  charge  of  the  section  where 
the  same  may  be  delivered  for  such  use,  and  such  examination 
and  inspection  is  hereby  required  to  be  made  by  the  commis- 
sioner in  person  as  far  as  shall  be  consistent  with  the  discharge 
of  his  other  necessary  official  duties ;  and  the  officer  making 
such  examination  and  inspection  shall  immediately  thereafter 
make  a  report  to  the  canal  board  of  such  examination  and  inspec- 
tion, in  which  he  shall  state  the  quantity,  quality  and  amount 
or  number  of  the  materials  or  tools  examined  and  received  or 
rejected  as  being  or  not  being  in  conformity  with  the  contract 
under  which  they  may  be  offered  for  acceptance ;  and  when 
any  portion  of  such  materials  or  tools  shall  be  rejected  as  not  in 
conformity  with  the  contract,  the  reasons  for  such  rejection 
shall  be  stated  and  set  forth  in  such  report,  which  shall  contain 
an  account  of  the  time  when  and  place  where  such  examination 
was  made,  and  the  section  or  sections  for  which  such  materials 
or  tools  were  designed  for  use,  so  far  as  the  same  are  accepted, 
specifying  the  quantity,  number  and  amount  by  items,  of  all 
materials  and  tools  for  each  and  every  of  said  sections  for  re- 
pairs, and  which  said  report  shall  be  made  under  the  oath  or 


172  OF  THE  CANAL  COMMISSIONERS. 

affirmation,  before  some  proper  officer  authorized  to  administer 
oaths,  of  the  person  or  persons  making  the  same. 

settlement      §  334.  (Same  ch..  §  11.)  All  contracts  made  in  pursuance  of 

Of  Con-  .  in  . 

tracts.  this  act  shall  contain  a  provision  for  the  speedy  and  equitable 
adjustment  of  all  questions  that  may  arise  relative  to  the  per- 
formance or  otherwise  of  any  of  said  contracts. 


^  §  12  5  ™^7^  1848,  ch.  162.)  The  [audi- 

paid  to  be  tor  isl  nereDJ  authorized  and  required  to  pay  from  the  mon- 
eys in  their  hands  which  may  at  the  time  be  appropriated  for 
the  repairs  of  the  canals  of  the  state,  all  such  sums  of  money 
as  shall  from  time  to  time  become  due  to  contractors  by  rea- 
son of  the  performance  of  any  contract  entered  into  in  pur- 
suance of  this  act,  but  no  such  payment  shall  be  made  for  any 
materials  or  tools  except  such  as  shall  have  been  accepted  as 
being  in  conformity  with  the  contract  under  which  they  were 
delivered,  and  of  which  acceptance  the  report  required  by  the 
tenth  section  of  this  act  shall  have  been  duly  filed  with  the 
canal  board  or  in  the  office  of  the  [auditor]  of  the  canal  depart- 
ment, and  when  such  report  shall  have  been  made  by  a  super- 
intendent of  repairs  and  not  by  the  commissioner  having  charge 
of  that  portion  of  the  canals  where  such  materials  or  tools  were 
delivered  and  accepted,  it  shall  be  the  duty  of  the  commissioner 
so  in  charge,  and  he  is  hereby  required  to  state  that  such  mate- 
rials and  tools  were  in  his  judgment  necessary  for  use  upon  the 
section  where  delivered,  or  would  become  necessary  within  a 
period  in  such  statement  to  be  specified,  that  the  purchase 
thereof  is  in  his  belief  in  pursuance  of  some  contract,  specify- 
ing with  whom  and  the  reasons  why  such  examination  was  not 
made  by  himself  in  person  ;  which  statement  shall  be  verified 
by  the  oath  or  affirmation  of  the  commissioner  making  the 
same,  annexed  to  such  report  and  filed  therewith.1 

1  This  method  of  purchasing  tools  and  materials  for  ordinary  repairs,  by 
contract  on  sealed  propositions,  established  by  ch.  278,  Laws  of  1847,  sec- 
tions 5  to  12,  inclusive,  is  not  repealed,  but  it  has  been  modified  and  practi- 
cally superseded  by  the  provisions  of  the  three  following  sections,  post, 
%  336,  §  337  and  §  338,  relating  to  purchases  of  materials  and  tools  for  that 
purpose,  passed  in  1849,  1859  and  1866,  respectively,  and  by  the  form  of 
detailed  estimates  for  superintendents'  expenditures  now  in  use. 

Either  system,  so  far  as  it  relates  to  superintendents,  is  subject  to  modifi- 
cation by  the  canal  board  under  Laws  of  1870,  ch.  55,  §  6  (§  528),  which  pro- 
rides  that  "  The  canal  board  shall  determine  the  method  or  system  by 
which  the  repairs  of  the  canals  shall  be  made,  and  their  management  con- 
ducted." 


OF  SUPERINTENDENTS,  ESTIMATES,  ETC.  173 

§   336.    (1849,    ch.    363.)      The    canal    commissioners    are  Purchase 
hereby  authorized  to  direct  the  superintendents  of  canal  repairs  etc. 
to  purchase  materials  and  tools  for  the  ordinary  repairs  of  the 
canals,  without  advertising  for  the  same,  whenever  in  their 
opinion  the  interests  of  the  state  will  be  promoted  thereby ; 
and  shall  not  be  bound  to  accept  proposals  unless  they  deem 
it  for  the  interests  of  the  state. 

§  337.  (1859,  ch.  495,  §  2,)   All   contracts  entered   into   by  Contracts 

-,  .     .  .     .        ,  ,  .  forlum- 

anv  canal  commissioner,  superintendent  ot    canal  repairs,  or  ber,  etc., 

.  i        ,  ,.  forrepairs; 

engineer  in  charge  ot  repairs,  tor  the  delivery  ot  timber  or  delivery 
lumber  for  the  repairs  of  the  canals,  or  to  do  or  complete  a 
specific  job  of  work  relating  to  such  repairs,  and  involving  the 
performance  of  labor,  and  the  furnishing  of  materials,  when  not 
advertised  to  be  let  to  the  lowest  bidder,  shall  be  in  writing  ;  and 
such  contract,  duly  authenticated,  shall,  within  fifteen  days  after 
the  same  shall  be  executed,  and  before  any  money  shall  be  paid 
thereon,  be  filed  in  the  canal  department ;  and  all  such  contracts 
shall  state  the  time  within  which  the  same  is  to  be  performed  and 
executed,  which  shall  not  exceed  one  year  from  the  date  thereof. 

§  338.  (1866,  ch.  836,  §  3.)  No  superintendent  of  canal 
repairs  shall  have  any  authority  to  contract  for  the  delivery  of 
or  to  purchase  any  tools,  implements,  materials,  boats  or  other 
matter  or  thing  to  be  used  in  the  repairs  of  the  canals,  except 
upon  the  certificate  of  the  canal  commissioner  in  charge  first  had 
(and]  obtained,  designating  the  number  and  quantities  with 
the  prices  to  be  paid  for  such  tools,  implements,  materials  and 
boats ;  and  every  superintendent  of  repairs  who  shall  violate 
the  provisions  of  this  section  or  who  shall  apply  any  of  the 
moneys  received  by  him  upon  a  detailed  estimate,  to  objects, 
works  or  purposes  other  than  what  is  specifically  named  and 
described  in  the  detailed  estimate  upon  which  the  moneys  were 
advanced  to  him,  shall  be  removed  from  office,  and  the  canal 
board  are  hereby  authorized  and  directed  to  hear  and  deter- 
mine all  complaints  made  against  any  superintendent  of  re- 
pairs for  a  violation  of  the  provisions  of  this  section,  but  the 
provisions  of  this  section  do  not  apply  to  sudden  breaks  and 
breaches  in  the  canals  during  navigation,  when  the  necessities 
of  case  may  call  for  immediate  action  before  the  canal  commis- 
sioner can  be  consulted.1 

1  See  Canal  Board  Resolutions,  Nos.  17-31,  p.  362. 


174: 


OF  THE  CANAL  COMMISSIONERS. 


Price  of 
labor  how 
fixed,  etc. 


§  339.  (Same  ch.,  §  1.)  No  superintendent  of  repairs  shall 
pay  a  higher  price  or  compensation  to  any  foreman,  lock  tender 
or  other  subordinate  person  necessary  to  enable  him  to  dis- 
charge his  official  duties,  nor  for  any  double  or  single  team,  nor 
for  any  mechanical  labor,  than  shall  be  fixed  by  the  board  of 
canal  commissioners  ;  and  it  shall  be  the  duty  of  the  said  board 
of  canal  commissioners  to  fix,  from  time  to  time,  the  rate  of 
compensation  for  the  labor  and  service  herein  mentioned,  and 
shall  notify  the  several  superintendents  and  the  auditor  of  the 
canal  department  thereof,  and  no  resolution  of  the  said  board 
increasing  the  rates  of  compensation  for  labor  and  service  be- 
yond a  price  previously  fixed  shall  have  a  retroactive  effect.1 

§  340.  (1870,  ch.  385,  §  1.)  On  and  after  the  passage  of  this 
act,  eight  hours  shall  constitute  a  legal  day's  work  for  all  classes 
of  mechanics,  workingrnen  and  laborers,  except  those  engaged 
in  farm  and  domestic  labor  ;  but  overwork  for  an  extra  com- 
pensation by  agreement  between  employer  and  employee  is 
hereby  permitted. 


TO  whom  *  ($ame  ch>.,  §  2.)  This  act  shall  apply  to  all  mechanics, 

applies.  workingmen  and  laborers  now  or  hereafter  employed  by  the 
state,  or  municipal  corporation  therein,  through  its  agents  or 
officers,  or  in  the  employ  of  persons  contracting  with  the  state 
or  such  corporation  for  the  performance  of  public  works. 


Eight 
hours  a 
day's 
work,  etc 


Penalties, 
etc. 


Do. 


§  342.  (Same  ch.,  §  3.)  Any  officer  or  officers,  or  agents  of 
this  state,  or  of  such  corporation,  w*ho  shall  openly  violate  or 
otherwise  evade  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  malfeasance  in  office,  and  be  liable  to  suspension  or 
removal  accordingly  by  the  governor  or  head  of  the  department 
to  which  such  officer  is  attached. 

§  343.  (Same  ch.,  §  4.)  Any  party  or  parties  contracting 
with  the  state  or  any  such  corporation,  who  shall  fail  to  comply 
with,  or  secretly  evade  the  provisions  hereof,  by  exacting  and 
requiring  more  hours  of  labor,  for  the  compensation  agreed  to 
be  paid  per  day,  than  is  herein  fixed,  shall,  on  conviction 
thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be  punished  by 
a  fine,  not  less  than  one  hundred  nor  exceeding  five  hundred 


1  As  to  removal  of  superintendents  by  the  canal  commissioner  in  charge, 
see  Art.  4  "  Of  the  canal  board,"  post,  §  489. 


ALBANY  BASIN.  175 

dollars,  and  in  addition  thereto,  shall  forfeit  such  contract  at  the 
option  of  the  state.1 

ALBANY   BASIN. 

§  344.  (1849,  ch.  200,  §  1.)  The  commissioners  of  the  canal  Albany 
fund  shall  borrow  on  the  credit  of  the  state,  a  sum  which  shall 
be  adequate  to  pay  to  the  city  of  Albany  one  hundred  and 
twenty-one  thousand  four  hundred  and  sixty-two  dollars  and 
sixty-three  cents,  with  interest  at  the  rate  of  six  per  cent  per 
annum,  from  the  twentieth  day  of  February,  eighteen  hun- 
dred and  forty-three,  to  the  time  of  such  payment,  for  the 
expenses  incurred  by  the  said  city  for  excavating,  clearing  and 
cleaning  out  the  basin  opposite  the  said  city  at  the  termination 
of  the  Erie  and  Champlain  canals,  and  also  a  further  sum  of 
thirty  thousand  dollars  to  be  paid  to  the  owners  of  the  pier 
connected  with  said  basin,  in  lieu  of  tolls  as  heretofore  paid  to 
the  said  pier  owners.  *  *  * 

§  345.  (Same  ch.,  %  4.)     The  said  sum  of  one  hundred  and  Appropri 

\   f  i  i    atlonof. 

twenty-one  thousand  four  hundred  and  sixty-two  dollars  and 
sixty-three  cents,  with  interest  thereon,  at  the  rate  aforesaid, 
from  the  time  in  the  first  section  of  this  act  specified,  to  the 
time  of  the  payment  thereof,  to  be  obtained  by  the  aforesaid 
loan,  is  hereby  appropriated  and  directed  to  be  paid  in  the 
same  manner  as  other  expenses  of  the  canals  to  the  mayor, 
aldermen,  and  commonalty  of  the  city  of  Albany,  in  full  pay- 
ment and  discharge  of  all  claims  of  the  said  corporation  for 
any  expenses  incurred  bythem  at  any  time  previous  to  the 
passage  of  this  act,  for  excavating,  clearing  and  cleaning  out 
of  the  said  basin  at  the  eastern  termination  of  the  Erie  and 
Champlain  canals,  and  of  all  interest  of  said  city,  and  of  the 
pier  owners,  in  said  basin.  The  sum  of  money  appropriated 
and  directed  to  be  paid  to  the  mayor,  aldermen  and  common- 
alty of  the  city  of  Albany  by  the  preceding  sections  of  this 
act,  shall  be  applied  to  and  made  a  part  of  the  "  sinking  fund  " 
heretofore  provided  for  the  payment  of  the  public  debt  of  the 
city  of  Albany,  and  applied  to  the  payment  of  the  debt  due 
by  the  city  to  the  state,  which  may  have  been  incurred  or  con- 
tracted prior  to  the  first  of  May,  one  thousand  eight  hundred 
and  forty-eight,  and  to  no  other  purpose  whatever ;  provided 
that  nothing  in  this  act  contained,  shall  be  so  construed  as  to 

1  §  5  of  this  act  repeals  the  eight-hour  law  of  1367,  ch.  856. 


176  OF  THE  CANAL  COMMISSIONERS. 

create  any  liability  on  the  part  of  the  state  to  pay  any  damages 
that  may  have  been  sustained  by  any  person  or  persons  whom- 
soever, in  consequence  of  any  proceedings  or  acts  done  under 
or  by  virtue  of  the  several  acts  of  the  legislature  mentioned  in 
the  seventh  section  of  this  act,  or  any  of  the  acts  amendatory 
of  the  same.1 

§  346.  (Same  <?A.,  §  6.)  The  ninth  section  of  the  said  act, 
[of  April  5th,  1823],  whereby  certain  tolls  on  canal  boats,  craft 
and  lumber  are  directed  to  be  collected  and  to  be  paid  over  to 
the  pier  owners,  is  hereby  repealed.  *  *  * 

§  347.  (Same  ch.,  §  7.)  This  act  shall  be  a  final  settlement 
of  all  claims  which  may  exist  against  the  state  in  favor  of  the 
city  of  Albany,  or  in  favor  of  any  citizens  thereof,  and  also 
of  the  pier  owners,  under  the  several  acts  passed  April  fifth, 
eighteen  hundred  and  twenty-three,  April  twenty-seven,  eigh- 
teen hundred  and  thirty-five,  April  fourteen,  eighteen  hundred 
and  thirty-six,  May  sixteen,  eighteen  hundred  and  thirty-seven, 
including  all  acts  amendatory  to  the  same,  so  far  as  all  or  any 
of  the  several  acts  relate  to  the  Albany  basin  or  the  pier  com- 
pany. 

Rates  of  §  348.  (Same  ck.,  §  9.)  The  same  rates  of  toll  shall  here- 
after be  charged  and  collected  for  said  basin  as  on  the  canals 
of  this  state,  computing  the  same  in  all  cases  as  one  mile  in 
length,  and  which  shall  be  considered  as  forming  part  of  the 
canal  revenues,  and  not  be  diverted  therefrom,  and  the  said 
basin  shall  remain  free  for  canal  boats  and  canal  craft,  from 
any  charge  or  wharfage  or  dockage,  and  the  said  basin  shall 
be  owned  by  and  remain  the  property  of  this  state,  and  be 


1  Albany  Basin.  See  Laws  of  1823,  ch.  111.  "An  act  authorizing  the  con- 
struction of  a  basin  in  the  city  of  Albany,  at  the  termination  of  the  Erie 
and  Champlain  canals,"  passed  April  5th,  1823. 

Also,  Laws  of  1825,  ch.  276 ;  1828,  ch.  189 ;  1833,  ch.  238,  to  extend  the 
patents  of  certain  water  lots  easterly ;  1834,  ch.  298  ;  1835,  ch.  163 ;  1836, 
ch.  139;  1837,  chs.  453  and  467;  1840,  ch.  288;  1841,  chs.  51  and  113;  1847, 
ch.  10  ;  1848,  ch.  350 ;  1849,  chs.  200,  272  and  429.  (The  general  appropria- 
tion acts  from  1850  to  1865  inclusive,  contain  annual  appropriations  "  for 
interest  on  the  stock  issued  for  the  Albany  basin.")  1866,  ch.  503  ;  1867, 
chs.  238  and  560,  and  1869,  chs.  32  and  642.  Also,  canal  commissioners, 
report,  1866,  page  32  and  map  ;  canal  board  proceedings,  1869,  pages  175 
and  182. 

Four  slips  in  lumber  district,  Albany,  granted  to  S.  Van  Rensselaer,  canal 
board  proceedings,  Dec.  6,  1866. 


ALBANY  BASIN.  177 

under  the  care  and  charge  of  the  canal  commissioners.  The 
owners  of  the  said  pier  shall  forever  hereafter  keep  the  said 
pier  in  good  repair,  to  the  satisfaction  of  the  canal  commis- 
sioners.1 

§  349.  (1866,  ch.  503,  §  1.)  The  contracting  board,  under  improve- 
the  direction  of  the  canal  board,  are  hereby  authorized  and  em- 
powered to  improve  the  Albany  basin  as  proposed  and  laid  down 
on  a  map  accompanying  the  report  of  the  state  engineer  and 
surveyor  to  the  legislature,  for  the  year  1865,  entitled  "  Map  of 
Albany  basin,"  or  upon  such  modifications  and  change  of  plan 
so  far  as  it  relates  to  the  contraction  of  said  basin,  as  the  canal 
board  may  determine. 

§  350.  (Same  ch.,  §  2,  as  amended  1867,  ch.  238.)  The  said  DO. 
board  are  also  empowered  to  narrow  said  basin  by  constructing 
a  new  line  of  docks  on  the  west  side  thereof,  and  causing  the 
same  to  be  properly  filled  in  between  such  new  line  and  the 
present  line  of  docks  along  Quay  street ;  but  such  construction 
and  narrowing  shall  not  be  made,  without  the  written  consent 
of  two-thirds  of  the  owners  of  the  lots  on  Quay  street,  oppo- 
site to  where  such  improvements  are  proposed,  nor  then,  unless 
such  improvement  can  be  made  without  any  expense  to  the 
state,  nor  without  the  previous  sanction  of  the  canal  board. 

§  351.  (Same  oh.,  §  3.)  If  any  of  the  bridges  crossing  said  DO. 
basin,  other  than  the  Hudson  River  Railroad  bridge,  shall  be 
injured  in  consequence  of  the  improvement  made  in  the  basin 
as  provided  in  this  act,  such  damage  shall  be  assumed  and  paid 
by  the  city  of  Albany,  and  the  state  shall  not  be  liable  for  any 
cost  or  damage  for  said  injury ;  and  before  any  work  shall  be 
done  under  the  provisions  of  this  act,  the  mayor,  aldermen  and 
commonalty  of  the  city  of  Albany,  shall  file  their  assent  thereto 
in  the  canal  department,  together  with  a  written  obligation 
assuming  the  payment  of  all  such  costs  and  damages.1 

§  352.  (Same  ch.,  §  4.)  After  the  openings  at  the  north  and  DO. 
south  ends  of  said  basin  shall  have  been  enlarged  as  contem- 
plated,   and  the  canal  board  shall  deem  it  necessary  to  con- 
tract the  opening  through  the  pier  opposite  the  foot  of  Maiden 

1  As  to  wharfage,  see  §  356,  post. 

9  For  consent  of  city  of  Albany,  see  canal  board  proceedings,  April  12, 
1866. 

23 


ITS 


OF  THE  CANAL  COMMISSIONERS. 


lane,  they  shall  have  power  to  authorize  and  direct  such  con- 
traction to  be  made,  providing  said  board  can  procure  said 
contraction  to  be  made  for  a  sum  not  to  exceed  five  thousand 
dollars  in  addition  the  value  of  the  land  to  be  reclaimed  by  such 
contraction,  which  land  so  to  be  reclaimed,  said  board  is  hereby 
authorized  to  grant,  sell  and  convey  for  that  purpose. 

Do.  §  353.  (Same  ch.,  §  5.)  The  canal  board  is  hereby  authorized 

and  empowered  to  cause  an  opening  to  be  made  through  the 
pier  between  the  railroad  and  Columbia  street  bridges,  of  suffi- 
cient size  to  accommodate  vessels  employed  in  canal  and  river 
commerce,  and  to  allow  them  to  pass  through  conveniently, 
provided  such  opening  can  be  made  without  cost  or  expense  or 
liability  for  damages  to  the  state,  or  to  the  city  of  Albany. 
The  sides  of  such  opening  shall  be  properly  secured  against  the 
effects  of  water  and  of  ice. 

§  354.  (Same  ch.,  §  6.)  The  state  shall  not  be  liable  for  any 
damage  to  property  caused  by  the  making  of  such  improve- 
ments, but  if  any  claim  shall  arise  the  same  shall  be  paid  by 
the  city  of  Albany  ;  and  said  city,  before  such  work  is  com- 
menced, shall  give  their  assent  to  assuming  such  liability,  and 
shall  file  with  the  canal  board  an  obligation  assuming  all  such 
liability,  and  indemnifying  the  state  against  the  same. 

Expense.  §  355.  (Same  ch.j  §  7.)  The  expense  incurred  under  this 
act,  to  be  paid  by  the  state,  shall  not  exceed  the  sum  of 
thirty-five  thousand  dollars,  and  shall  be  paid  by  the  treas- 
urer of  the  state  on  the  warrant  of  the  comptroller,  out  of  any 
moneys  belonging  to  the  general  fund,  and  the  sum  of  thirty- 
five  thousand  dollars,  or  so  much  thereof  as  may  be  necessary 
to  carry  into  eifect  the  provisions  of  this  act  is  hereby  appro- 
priated to  that  purpose.  This  law  shall  not  release  the  con- 
tractor of  repairs  on  section  first  of  the  Erie  canal  from  his  con- 
tract, and  it  shall  be  the  duty  of  the  canal  commissioners  to 
maintain  the  navigation  for  boats  in  said  basin  to  the  depth  of 
the  mitre-sill  of  lock  number  one  of  the  Erie  canal. 


§  356.  (1 867,  cli.  560,  §  1.)    The  power  which  the  mayor, 
aldermen  and  commonalty  of  the  city  of  Albany  possess,  to  deter- 


Wharfage 
in  the 
harbor 

of  Albany,  mine  and  fix  the  rate  of  wharfage  to  be  paid  to  the  owners  of  the 
docks  along  Quay  street,  in  said  city,  by  the  owners  or  masters 
of  any  vessel  liable  to  pay  wharfage,  shall  extend  to  and  include 
all  the  wharves  and  piers  in  the  harbor  and  port  of  Albany.  But 


ALBANY  BASIN.  179 

nothing  herein  contained,  shall  in  any  manner,  alter  or  repeal 
section  five  of  the  act  passed  April  5,  1823,  authorizing  the 
construction  of  a  basin  at  the  termination  of  the  Erie  and 
Champlain  canals. 

No  charge  for  wharfage  or  dockage  shall  be  made  against  or  Not  to 
collected  upon  any  canal  boat  engaged  in  the  navigation  of  the  o&n&i 

,        „     , ,  .  .  ,  boats  uii- 

canals  of  this  state,  when  passing  the  city  of  Albany,  either  in  less,  etc. 
the  canal  basin,  called  the  Albany  basin,  or  in  the  Hudson 
river,  outside  the  pier  constituting  the  east  line  of  said  canal 
basin,  unless  said  canal  boats  shall  be  actually  engaged  in  re- 
ceiving or  discharging  cargoes.1 

§  357.  (1869,  ch.  32,  §  1.)  The  state  engineer  and  surveyor 
and  the  canal  commissioner  in  charge  of  the  eastern  division 
of  the  state  canals,  are  hereby  authorized  and  directed  forth- 
with to  do  such  and  so  much  work  and  no  more,  in  and  about 
the  Albany  basin  and  lock  opening  into  the  same,  as  in  their 
judgment  will  best  tend  to  protect  and  preserve  the  interests 
of  the  state  therein ;  provided,  that  upon  consultation  with 
the  attorney-general  of  the  state,  they  shall  ascertain  that  no 
other  party  can  be  compelled  under  existing  contracts  and 
laws  to  do  such  work,  or  to  pay  such  damages  as  may  occur 
by  reason  of  its  not  being  done ;  the  cost  of  such  work  not  to 
exceed  twenty  thousand  dollars. 

§  358.  (Same  ch.,  §  3.)  This  act  is  passed  and  the  appro- 
priation made  to  provide  for  a  pressing  necessity,  and  to  pre- 
vent great  and  irreparable  mischief,  and  the  same  shall  not  be 
deemed  as  a  recognition  by  the  legislature,  of  the  liability  of 
the  state  to  repair  said  basin,  or  to  pay  any  damages  to  the 
property  upon  the  said  basin  or  pier.  The  said  question  of 
liability  shall  not  be  affected  by  this  act,  but  the  same  shall 
be  decided  as  if  this  act  had  not  been  passed.  And  nothing 
in  this  act  contained  shall  impair  or  in  any  manner  affect  the 
liability  of  the  city  of  Albany  under  their  bonds  to  the  people 
of  this  state,  of  the  twenty-first  of  April,  and  on  the  twenty- 
ninth  day  of  June,  eighteen  hundred  and  sixty-six ;  nor  shall 
the  work  contemplated  by  this  act  be  constructed  without  the 
consent  of  the  said  city,  and  of  the  pier  company,  duly  filed 
with  the  said  bond. 

1  As  to  wharfage  on  the  Hudson  and  Harlem  rivers,  see  1865,  ch.  569. 


180 
Do. 


Damages. 


Duties  of 
superin- 
tendent in 
use  of 
water 
from  the 
canal. 


OF  THE  CANAL  COMMISSIONERS. 

§  359.  (Same  ch.,  §  4.)  ISTo  proceedings  shall  be  had  uiidc-i 
this  act,  until  the  canal  board  shall  have  filed  with  the  state 
engineer  and  surveyor  a  certificate  stating  that  the  expendi- 
ture herein  provided  is  required  to  protect  and  render  useful 
the  property  and  canal  interests  of  the  state. 

§  360.  (1869,  ch.  642,  §  1.)  All  persons  who  sustained 
damages  to  their  property,  situated  on  the  pier,  in  the  city  of 
Albany,  by  reason  of  the  freshet  in  the  Hudson  river  in  the 
month  of  January  last,  are  hereby  authorized  and  allowed  to 
bring  their  actions  for  such  damages  in  the  name  of  the  people 
of  the  state  of  New  York,  against  the  mayor,  aldermen  and 
commonalty  of  said  city,  upon  a  certain  bond  executed  by  said 
mayor  to  the  people  of  the  state,  bearing  date  the  twenty-first 
day  of  April,  eighteen  hundred  and  sixty-six ;  provided,  how- 
ever, that  nothing  in  this  act  contained  shall  impair  the  right 
of  the  state  to  any  action  upon  said  bond,  for  any  damages 
occasioned  to  the  property  of  the  state,  or  any  damages  which 
the  state  may  be  liable  to  pay  to  others  who  shall  not  avail 
themselves  of  the  provisions  of  this  act,  and  which  are  within 
the  condition  of  the  said  bond;  and,  provided  also,  that 
nothing  in  this  act  contained  shall  be  deemed  or  regarded  as 
an  admission  of  any  liability,  on  the  part  of  the  state,  for  any 
damages  occasioned  by  said  freshet,  nor  shall  the  parties  avail- 
ing themselves  of  the  provisions  of  this  act  be  thereby  deemed 
to  have  waived  any  just  claim  against  the  state.  And  nothing 
herein  contained  shall  be  construed  as  in  any  way  affecting 
the  question  of  the  liability  of  the  city  of  Albany  upon  said 
bonds. 

ONONDAGA   SALT   SPRINGS. 

§  361.  (1859,  ch.  346,  §  33  ;  amended  1872,  ch.  599,  §  I  and 
§  2.)  It  shall  be  the  duty  of  the  superintendent  ("  of  the  Onon- 
daga  salt  springs  ")  to  cause  the  quantity  of  water  which  may 
from  time  to  time  be  required  for  the  efficient  working  of  the 
pumps,  or  other  machinery,  for  raising  salt  water  from  the 
wells  and  reservoirs  now  constructed,  or  which  may  hereafter 
be  constructed,  in  the  first,  second  and  fourth  districts,  to  be 
ascertained  by  competent  engineers,  and  to  certify  the  same 
to  the  canal  commissioner  in  charge ;  and  it  is  hereby  declared 
to  be  the  duty  of  such  canal  commissioner  in  charge,  on 
receiving  such  certificate,  to  cause  the  quantity  of  water,  thus 
certified  and  required  by  the  superintendent,  to  be  at  all  times 


ONONDAGA  SALT  SPRINGS.  181 

supplied  to  the  Syracuse  level  of  the  canal,  in  addition  to  that 
usually  required  or  supplied  for  the  purposes  of  navigation, 
excepting,  however,  any  period  during  which  it  shall  he  neces- 
sary to  withdraw  the  water  from  said  level  for  repairs.  The 
certificate  of  the  said  superintendent  shall  be  filed  in  the  office 
of  the  said  canal  commissioner,  and  it  shall  be  lawful  for  the 
superintendent,  at  all  times,  to  draw  from  the  canal  the  amount 
of  water  thus  ascertained  to  be  necessary,  to  be  used  for  the 
purpose  aforesaid,  provided  the  navigation  of  the  canal  be  not 
thereby  impeded ;  and  all  bulk-heads,  gates  and  other  appurte- 
nances required  for  taking  and* regulating  the  flow  of  such 
water  shall  be  constructed  and  maintained  by  said  superin- 
tendent.1 (Amendment  1872,  oh.  599,  §  1.)  Any  property 
taken  by  virtue  of  this  section  shall  be  paid  for  by  agreement 
or  appraisement,  in  the  manner  provided  for  in  the  thirty-first 
section  of  this  act.  (§  2.)  This  act  shall  only  apply  to  water 
taken  from  the  nine  mile  creek  during  the  period  of  suspended 
navigation  of  the  Erie  canal,  for  the  purpose  of  working  the 
state  pumps  on  the  salt  springs  reservation. 

§  362.  (Same  ch.,  §  46.)     Whenever  the  construction  of  any  Empioy- 

J    ment  of 

earth  work  shall  be  undertaken  by  the  superintendent  of  the  engineer 
Onondaga  salt  springs,  that  shall  require  the  services  of  an 
engineer,  said  superintendent  may  make  application  to  the 
canal  commissioner  in  charge  of  the  Oswego  and  Erie  canals 
on  said  reservation,  for  the  services  of  such  engineer ;  and  if, 
in  the  said  commissioner's  judgment,  the  interests  of  the  state 
will  be  promoted  by  the  employment  of  such  engineer,  said 
commissioner  may  direct  the  resident  engineer,  on  either  the 
Oswego  or  Erie  canal,  by  an  order,  in  writing,  to  assume  the 
charge  of  such  work,  under  the  direction  of  the  superintendent, 
and  to  make  surveys,  maps,  profiles,  estimates  and  measure- 
ments thereof,  in  the  same  manner  as  if  such  work  was  a  part 
of  the  public  improvements  of  this  state. 

§  363.  (Same  ch.,  §  142.)     The   superintendent,  with   the  Using 
consent  of  the  canal  commissioners,  may  take  water  from  the  canal. 


!§  144  of  this  act  repeals  Title  ten,  ch.  IX,  Part  1,  Rev.  Stat.  "  Of  the  salt 
springs,"  and  all  acts  and  parts  of  acts  in  addition  to  or  amendatory  thereof. 

For  a  construction  of  §  44  of  this  act,  see  canal  board  proceedings,  1871, 
p.  234. 

For  awards  for  damages  on  nine  mile  creek  during  suspended  navigation, 
payable  from  salt  duties,  see  1873.  ch.  760. 


182  OF  THE  CANAL  COMMISSIONERS. 

canal  sufficient  to  carry  a  pump  for  the  purpose  of  raising  salt 
water  to  supply  the  works  now  or  which  may  be  hereafter 
erected ;  but  the  water  so  taken  may  be  resumed  by  the  canal 
commissioners,  whenever,  in  their  opinion,  it  may  be  neces- 
sary for  the  use  of  the  canal. 

FISHWAYS. 

Ftshways  §  364.  (1870,  ch.  555,  §  1.)  It  shall  be  the.  duty  of  the 
structednfn  canal  commissioners  of  this  state  to  cause  to  be  constructed 
Fort  Mmer  and  maintained,  in  the  state  dams  across  the  Hudson  river  at 
Troy  and  Ft.  Miller,  in  such4manner  as  not  to  injure  the  said 
dams,  fishways,  at  least  one  foot  in  depth  at  the  edge  of  the 
dams,  and  of  proper  width  to  allow  all  fish  endeavoring  to 
migrate  to  the  waters  of  the  said  river  above  the  dams  to  pass 
over  the  same.  The  said  fishways  shall  be  placed  at  an  angle 
of  not  more  than  thirty  degrees,  and  extend  entirely  to  the 
running  water  below  the  dams,  and  they  shall  be  protected  on 
each  side  by  an  apron  at  least  one  foot  in  height  to  confine  the 
waters  therein.  The  said  fishways  shall  be  constructed  under 
the  supervision  of  the  fish  commissioners  of  this  state,  and 
be  located  at  such  place  in  said  dams  and  built  in  such  manner 
and  of  such  material  as  they  may  direct.1 

ERIE   CANAL. 

Enlarge-         §  365.  (1847,  ch.  259,  §  1.)  Whenever,  in  the  opinion  of  the 

ment  of  f 

locks.  canal  commissioners,  it  becomes  necessary  to  substitute  new 
locks  for  the  old  locks  on  the  Erie  canal,  the  commissioners 
shall  cause  minute  estimates  to  be  made  of  the  cost  of  rebuild- 
ing the  lock  or  locks  on  the  old  plan,  and  also  the  cost  of  con- 
structing the  same  on  the  enlarged  plan,  and  adapting  the 
work  to  the  enlarged  Erie  canal ;  which  estimates  shall  be  sub- 
mitted to  the  canal  board,  and  when  approved  by  that  board, 
the  canal  commissioners  shall  proceed  to  construct  the  lock  or 
locks  on  the  enlarged  plan ;  and  all  sums  expended  by  them  on 

1  Ch.  781  of  1871,  also  directs  the  construction  of  a  fishway  "  in  the  state 
dam  across  the  Mohawk  river  at  the  upper  aqueduct,  near  Schenectady," 
in  the  same  terms.  The  appropriation  clauses  in  both  laws  were  insuffi- 
cient, but  by  ch.  850  of  1872,  $2,000  is  provided  for  the  first  two  named,  and 
$1,000  for  the  latter. 

§  30,  ch.  721  of  1871,  directing  fishways  to  be  maintained  on  all  dams 
higher  than  two  feet,  on  any  of  the  fluvial  waters  of  the  state,  was  repealed 
in  1872,  ch.  433,  §  8.  As  to  fishing  in  the  canals,  and  in  certain  lakes,  see 
1873,  chs.  381,  435  and  436. 


CAYUGA  INLET.  183 

such  work,  over  and  above  the  cost  of  reconstructing  the  lock 
or  locks  on  the  old  plan,  shall  be  paid  out  of  moneys  appro- 
priated by  this  act  for  the  enlargement  of  the  Erie  canal ;  the 
balance  of  the  cost  thereof  shall  be  charged  to  ordinary  re 
pairs. 

§  366.  (Same  ch.,  §  2.)  The  rule  established  in  the  preceding  struc- 
section,  in  relation  to  locks,  may  be  applied  to  all  structures  on 
the  Erie  canal ;  whenever,  in  the  opinion  of  the  canal  board, 
the  interests  of  the  state,  in  reference  to  the  enlargement  and 
improvement  of  the  Erie  canal,  renders  such  work  necessary  : 
provided  the  commissioners  of  the  canal  fund  have  in  their 
hands  moneys  appropriated  by  the  legislature  sufficient  to  pay 
the  additional  expense,  beyond  the  sum  which  would  be  re- 
quired for  the  ordinary  repairs,  in  building  the  structures  on  the 
original  plan.1 

CAYUGA   INLET. 

§  367.  (1852,  ch.  246,  §  1.)    The  canal  commissioners  are  canal 

11  i        •       -i          T  .       i  T  commis- 

hereby  authorized  and  required  to  take  charge  of  so  much  of  sionersto 
the  navigable  waters  of  the  Cayue-a  inlet,  as  are  now  subiect  charge  of 

0  J  _  J_         portion  o 

to  canal  tolls,  and  to  exercise  the  same  power  and  supervision  Caters  of 
over  them  as  they  are  by  law  authorized  and  required  to  exer-  inlet- 
cise  over  other  canals  of  this  state ;  and  shall  cause  to  be  re- 
moved such  obstructions  therefrom,  and  make  such  improve- 
ments therein,  as  may  from  time  to  time  be  necessary  to  pre- 


1  MISCELLANEOUS  NOTES  —  ERIE  CANAL. 

1847,  ch.  286,  relates  to  the  duties  of  the  canal  commissioner  in  draining 
the  Jordan  level  of  the  old  Erie  canal. 

1868,  ch.  672,  relates  to  the  protection  of  the  highway  in  the  town  of 
Fabius,  along  the  outlet  of  De  Ruyter  reservoir. 

For  laws  relating  to  Fish  creek  feeder  and  to  furnish  an  additional  supply 
of  water  to  the  Rome  level,  see  1869,  ch.  877 ;  1870,  ch.  767,  and  1872,  ch. 
343,  and  canal  board  proceedings  in  those  years. 

1851,  ch.  179,  relates  to  waters  of  Mill  creek,  Schenectady. 

As  to  Hughes  steam  dredge,  see  1870,  ch.  767 ;  1871,  ch.  715  ;  1873,  ch.  785. 

As  to  Mohawk,  Ilion  and  Frankfort  Horse  R.  Rs.,  see  1873,  chs.  397  and 
430. 

As  to  draining  Cayuga  marshes,  see  1853,  ch.  178.  Ch.  266  of  1861,  pro- 
hibited the  making  of  further  contracts.  For  damages,  see  1868,  ch.  520. 

For  Oriskany  feeder,  see  canal  board  proceedings,  1866  ;  May  18th,  1871, 
pages  132,  249,  and  canal  commissioners'  report  of  De  Witt  Clinton  and 
others  in  1817,  and  1872,  pages  54  and  141. 

For  Cazenovia  lake,  see  canal  board  proceedings  July,  1855,  August  27th 
and  October  14th,  1863,  and  1872,  pages  86,  91, 98  and  161,  and  canal  commis- 
i-ioners'  report,  1873,  p.  97. 


184  OF  THE  CANAL  COMMISSIONERS. 

serve  and  keep  the  channel  of  said  inlet  of  sufficient  depth  and 
capacity  to  admit  the  passage  of  any  boats  or  water  craft  which 
may  navigate  the  Erie  canal. 

Money  §  368.  (Same  ch.,  §  2.)  The  treasurer  is  hereby  authorized 

not  to  ex-  and  required  to  pay  on  the  warrant  of  the  comptroller  such  sum 
or  sums  as  may  from  time  to  time  be  required  to  effect  the 
purposes  of  this  act,  from  any  moneys  in  the  treasury  not 
otherwise  appropriated,  but  such  sum  shall  not  at  any  time 
exceed  the  aggregate  of  tolls  heretofore  collected  together  with 
the  amount  which  may  be  hereafter  collected  from  boats  or 
property  passing  through  said  channel.1 

THE  CAYUGA  AND  SENECA  CANAL. 

Navigation  §  369.  (1844,  ch.  313,  §  2.)  The  canal  commissioners  are 
proved?"  hereby  authorized  and  required  to  improve  the  navigation  of 
the  Cayuga  and  Seneca  canal  by  lowering  the  upper  or  lake 
level  of  said  canal  one  foot,  and  so  as  to  give  at  all  times  four 
feet  of  water  in  said  level,  removing  the  obstructions  at  the  head 
of  the  outlet,  enlarging  the  channel  so  as  to  afford  a  free  dis- 
charge of  the  surplus  waters  of  the  lake,  extending  the  lake 
level  to  Waterloo,  and  regulating  the  discharge  of  water  at 
that  place." 

Duty  of          §370.  (185Y,  ch.  479,  §  1.)    The  canal   commissioners   are 

•loners.      hereby  authorized,  in  excavating  the  work  for  the  enlargement 

of  the  Cayuga  and  Seneca  canal,  to  excavate  that  part  thereof 

lying  next  westerly  of  the  upper  lock  in  the  village  of  Water- 

1  See  Laws  1835  ch.  202 ;  1840,  ch.  316  ;  1845,  ch.  101,  and  1847,  ch.  251. 
Since  1859  special  appropriations  and  directions  for  work  on  Cayuga  inlet 
have  been  made  nearly  every  year  in  the  general  appropriation  acts. 

As  to  tolls,  see  post,  §  501,  and  note. 

9  This  act  also  repeals  ch.  302  of  1840,  and  ch.  212  of  1841,  "for  improv- 
ing the  Cayuga  and  Seneca  canal." 

As  to  rebuilding  locks  on  the  Cayuga  and  Seneca  canals,  see  1836,  ch.  453, 
and  1847,  ch.  348. 

As  to  damages,  releases,  etc.,  for  the  enlargement  of  this  canal,  see  canal 
appraisers'  report,  1869,  p.  9,  and  map. 

For  Ovid  street  bridge,  Seneca  Falls,  see  canal  board  proceedings,  1869, 
p.  257. 

As  to  removal  of  obstructions  from  the  outlet  of  Cayuga  lake,  and  dredg- 
ing the  channel  of  Seneca  river  above  and  below  the  aqueduct,  see  Laws  of 
1858,  ch.  179 ;  1862.  ch.  465 ;  1868,  ch.  304 ;  1870,  ch.  492  ;  1872,  chs.  781  and 
850,  and  1873,  ch.  760.  Also,  canal  commissioners'  report,  1871,  p.  101 ;  1872, 
p.  109,  and  canal  board  proceedings,  1872,  p.  145. 


THE  CAYUG-A  AND  SENECA  CANAL.  185 

loo,  to  where  the  same  intersects  the  Seneca  river,  and  to  exca- 
vate the  said  river  and  canal  into  the  Seneca  lake,  at  the  village 
of  Geneva,  at  the  northeast  corner  of  the  said  lake,  to  the  uni- 
form depth  of  nine  feet  below  the  surface  of  the  water,  as  now 
maintained  by  the  state  dam  at  Waterloo,  and  of  such  width 
as  they  shall  deem  necessary,  not  exceeding  the  width  required 
by  law  ior  the  enlargement  of  said  canal. 

§  371.  (Samech.,  §  2.)  The  canal  commissioners  are  hereby  Canal 
directed  and  required,  after  the  excavation  of  the  canal  and  sioners 

.  .  to  cause 

river  in  the  first  section   01  this  act  mentioned  is  completed,  monu- 

meats  to 

and  time  given  to  see  the  effect  thereof  on  the  water  in  said  be  erected 

In  Seneca 

lake,  to  ascertain  and  determine  a  point  in  said  lake  to  which  lake- 
the  water  thereof  shall  be  allowed  to  discharge  itself  in  the 
ordinary  way,  and  be  there  holden  for  use,  without  injury  to 
the  rights  of  the  owners  of  land  at  the  head  of  and  on  the 
shore  of  said  lake.  Said  commissioners  shall  cause  one  or  more 
permanent  monuments  to  be  erected  in  said  lake  at  the  point 
so  ascertained,  and  which  said  point  shall  be  distinctly  marked 
thereon,  and  shall  cause  levels  to  be  taken  to  permanent  objects 
on  the  shore  of  said  lake,  and  a  record  of  the  same  to  be  made 
by  which  said  point  may  be  hereafter  known.  The  point  so 
determined  and  marked  shall  be  the  limit  to  which  the  waters 
from  said  lake  shall  be  permitted  to  flow  and  discharge  them- 
selves to  waste ;  and  it  shall  be  the  duty  of  the  said  canal  com- 
missioners, whenever  and  as  often  as  the  water  of  said  lake 
shall  have  subsided  to  the  point  so  marked  and  determined,  to 
hold  the  same  there  for  use ;  and  said  commissioners  shall  make 
and  maintain  such  works  as  shall  be  necessary  to  effect  that 
object.  But  nothing  in  this  act  shall  be  so  construed  as  to 
authorize  or  permit  the  state  dam  at  Waterloo  to  be  raised 
above  its  present  height.1 


§  372.  (1867,  oh.  752,  §  1 ;  amended  1868,  ch.  329,  §  1.)  The  state  dam 

Waterlc  - 
to  be 

raised. 


canal  commissioners  are  herebv  authorized  to  raise  the  state  to  b«r  ° 


dam  at  Waterloo  to,  and  maintain  the  same  at  a  height  not 
exceeding  the  height  of  the  original  state  dam  at  that  place, 
but  so  as  not  to  raise  the  waters  of  Seneca  lake  above  the  nat- 
ural height  of  the  waters  of  said  lake.  *  *  *  * 


1  See  concurrent  resolution,  1862,  p.  1001,  as  to  height  of  Waterloo  dain 
8  The  remainder  of  this  section  relates  to  the  height  of  a  new  iron  bridge 
over  Seneca  Lake  outlet,  and  is  amended  in  1868,  by  ch.  329,  §  1. 

24 


186  OF  THE  CANAL  COMMISSIONERS. 

§  373.  (Same  ch.,  §3.)  No  claim  shall  be  made  or  entertained 
for  any  damages  to  land  or  property  by  reason  of  restoring  the 
said  dam  to  its  original  height,  by  the  provisions  of  this  act. 

§  374.  (1873,  ch.  766,  §  1.)  *  *  *  For  constructing  a 
dam  at  Waterloo,  which  shall  be  constructed  during  the  year 
eighteen  hundred 'and  seventy-three,  the  sum  of  fifteen  thou- 
sand dollars,  which  was  appropriated  for  the  construction  of 
said  dam  by  act,  chapter  three  hundred  and  forty-three,  laws 
of  eighteen  hundred  and  seventy-two,  and  the  further  sum  of 
twenty-five  thousand  dollars  hereby  appropriated  shall  be 
applied  to  the  construction  of  a  permanent  tight  dam  in  the 
Seneca  river,  at  or  near  the  site  of  the  present  state  dam  at 
Waterloo,  and  to  the  extension  of  the  same  across  the  race- 
ways on  the  south  bank  of  said  river.  The  permanent  waste 
or  spill-way  of  said  dam,  to  be  the  same  height  as  the  present 
one  except  across  the  raceways  on  the  south  side  of  the  river 
where  the  waste  shall  be  three  feet  below  the  top  of  the  main 
dam,  with  ample  flood-gates  therein,  to  discharge  the  surplus 
water  into  the  main  channel  of  said  river,  and  such  fixture 
shall  be  constructed  on  top  of  said  spill- way  as  can  be  readily 
removed  to  give  free  vent  to  floods,  and  which  shall  be  closed, 
and  no  water  permitted  to  waste  over  said  dam  after  the  water 
in  said  lake  shall  have  subsided  to  the  original  natural  height 
Breast  thereof.  When  deemed  necessary  by  the  canal  board,  breast- 
walls  or  weirs  of  the  same  height  at  the  spill-ways  on  the  south 
side  of  the  river  shall  be  constructed  in  front  of  all  raceways 
drawing  water  from  the  said  level,  so  that  thereafter  no  water 
can  be  drained  from  the  Cayuga  and  Seneca  canal,  or  from 
the  Seneca  river,  where  used  for  such  canal  for  hydraulic  pur- 
poses, except  over  the  top  of  such  weirs,  and  shall  be  built  of 
solid  masonry  without  apertures  therein,  and  of  such  height 
as  is  necessary  to  maintain  seven  feet  depth  of  water  in  the 
canal.  The  balance  of  the  foregoing  appropriations  not 
required  to  construct  said  dams  shall  be  applied  in  deepening 
the  prism  of  the  canal  as  contemplated  by  act,  chapter  four 
hundred  and  seventy-nine,  laws  of  eighteen  hundred  and  fifty- 
seven.1  *  *  * 


1  The  provision  in  ch.  348  of  1872,  was  as  follows : 

"  Fifteen  thousand  dollars  *  *  *  for  building  such  dam,  bulk-heads 
and  other  works  at  or  near  the  site  of  the  present  state  dam  at  Waterloo,  as 
the  canal  board  may  deem  necessary  for  the  uniform  maintenance  of  navi- 


BALDWLNSVILLE  DAM,  ETC.  187 

BALDWINSVILLE    DAM,    ETC. 

§  375.  (1850,  ch.  153,  §  1.)     The  canal  commissioners  shall  Navigation 

of  Seneca 

cause  the  navigation  of  Seneca  river  to  be  extended  and  mam-  river, 
tained  from  where  the  navigation  ceases,  below  the  canal  and 
lock  erected  by  Stephen  "W.  and  Harvey  Baldwin,  to  deep  and 
navigable  water  in  the  pond  created  by  a  dam  erected  across 
said  river,  by  said  Baldwins,  at  Baldwinsville,  in  the  county 
of  Onondaga.1 

§  376.  (Same  ch.,  §  7.)     The  canal  commissioners  are  hereby  S8™  a* 
0  ,        ^  J  Baldwins- 

required  to  cause  permanent  monuments  of  stone  to  be  set  up,  viUe- 

one  on  each  of  the  shores  of  the  Seneca  river  above  said  dam 
at  Baldwinsville,  to  designate  the  height,  that  by  the  original 
charter  to  Jonas  C.  Baldwin  in  the  year  1809,  he  was  author- 
ized to  construct  said  dam ;  a  description  of  such  monuments 
shall  be  filed  in  the  office  of  the  town  clerks  of  the  towns  in 
which  such  monuments  are  erected,  and  such  description  shall 
be  recorded  by  such  town  clerks  in  the  books  of  town  records, 
and  the  like  description  shall  be  filed  and  recorded  in  the 
office  of  the  canal  department.  It  shall  be  lawful  to  maintain  Not  to  be 

-1  raised 

the  dam  now  existing,  or  hereafter  to  be  erected,  to  the  height  j£s*er 
of  such  monuments,  and  no  higher ;  and  any  person  raising  monu- 
said  dam  higher  than  such  monuments,  by  flush  boards  or  any  designate 
other  means  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  fifty  dol- 
lars, or  imprisonment  in  the  county  jail  of   Onondaga  county, 
not  to  exceed  three  months,  or  both,  in  the  discretion  of  the 
court ;  and  it  shall  be   lawful  for  any  person  or   persons  to 
enter  upon  such  dam  and  remove  said  flush  boards  or  other 
addition  to  the  height  of  said  dam.1 


gation,  having  due  regard  to  the  rights  of  the  owners  and  occupants  of 
hydraulic  privileges  on  the  Seneca  outlet. 

Said  dam  shall  be  built  in  such  manner  and  of  such  materials  as  shall  be 
approved  by  the  canal  board,  and  sufficient  to  restore  and  maintain  the 
waters  of  Seneca  lake  to  their  original  natural  height,  but  not  above  said 
natural  height ;  and  the  canal  commissioners  shall  construct  such  other 
works  and  erections  as  may  be  necessary  for  such  purpose,  and  to  carry 
into  effect  chapter  479  of  the  Laws  of  1857,  to  such  extent  as  they  shall  deem 
meet,  and  also  remove  all  bars  and  obstructions  in  the  channel  of  the  Seneca 
outlet  or  river  and  the  canal  above  the  upper  lock  at  Waterloo  to  the  depth 
required  by  said  act,  so  far  as  they  shall  deem  meet." 

1  See  Laws  1809,  ch.  54  ;  1827,  ch.  192,  and  as  to  changing  the  location  of 
a  portion  of  the  canal,  rebuilding  locks,  etc.,  1863,  ch.  479. 


188  OF  THE  CANAL  COMMISSIONERS. 

Flush-  §  377.  (1872,  ch.  827,  §  1.)     Any  person  interested  in  the 

navigation  of  the  Bald  win  sville  canal,  is  hereby  authorized  to 
put  flush  boards  on  the  Baldwinsville  dam,  whenever  the  canal 
commissioner  in  charge  deems  it  necessary  for  the  purpose  of 
improving  the  navigation  of  said  canal,  provided  that  the  state 
shall  in  no  manner  be  made  liable  for  any  damage  to  property 
arising  from  said  act,  and  provided  further  that  nothing  herein 
contained  shall  be  construed  in  any  manner  to  affect  the  provis- 
ions of  section  seven  of  chapter  one  hundred  and  fifty-three,  of 
the  laws  of  1850,  or  to  authorize  the  raising  of  said  dam  higher 
than  is  allowed  by  said  chapter  one  hundred  and  fifty-three  of 
the  laws  of  eighteen  hundred  and  fifty. 


Dam  to  be  §  378.  (1850,  ch.  153,  §  8.)  The  canal  commissioners  shall 
tained.  maintain  the  said  dam  across  the  Seneca  river  at  Baldwinsville, 
for  the  purpose  of  improving  the  navigation  of  said  river,  and 
the  locks  and  canal  to  be  maintained  at  the  same  place,  and  for 
that  purpose  shall  appropriate  and  use  so  much  of  the  water 
of  said  river  as  shall  be  necessary  for  such  purpose,  and  no 
Surplus  more,  and  they  shall  permit  the  surplus  water,  if  any,  to  be 
drawn  from  said  dam  and  canal  for  hydraulic  purposes,  in  such 
manner  as  they  shall  prescribe,  and  all  repairs  to  said  dam  neces- 
sary for  hydraulic  purposes  shall  be  made  by  the  owners  of  water 
rights,  and  all  gates,  weirs,  raceways  and  conduits  constructed 
for  the  purpose  of  drawing  water  from  said  dam  or  canal,  shall  be 
made  under  the  direction  of  the  acting  canal  commissioner,  at 
the  expense  of  the  party  using  the  same. 


Baldwins-       §  379.  (Same  ch.,  §  9.)     The  laws  of  this  state  relating  to 

ville  canal 

subject  to   the  navigation  of  canals,  and  all  regulations  of  the  canal  board 

canal  laws.  °  ' 

relating  thereto,  shall  apply  to  the  canal  and  river  navigation 
hereby  created. 


Baldwins-       §  380.  (1869,  ch.  677.)     The  canal  board  are  hereby  author- 

vllle  dam  . 

bum  o!"  *ze(^  anc^  directed,  whenever,  in  their  judgment,  it  shall  become 
•tone.  necessary  to  rebuild  the  dam  at  Baldwinsville,  on  the  Seneca 
river,  which  is  necessary  to  the  navigation  of  the  Baldwinsville 
canal,  to  rebuild  such  dam  of  stone  and  in  such  manner  as 
shall,  in  the  judgment  of  the  canal  board,  render  such  structure 
permanent,  and  at  all  times  reliable  for  the  purpose  of  naviga- 


OSWEGO,  CROOKED  LAKE  AND  CHEMUNG-  CANALS.        189 

tion  on  said  canal ;  the  expenses  of  such  work  to  be  paid  out 
of  any  moneys  appropriated,  or  to  be  appropriated,  for  ordin- 
ary or  extraordinary  repairs  on  the  middle  division  of  the 
canals  of  this  state. 


OSWEGO   CANAL. 


381.  (1865,  ch.  470,  §  1.)      The  canal  board  are  hereby  Damson 


authorized,  whenever,  in  their  judgment,  it  shall  become  neces- 
sary  to  rebuild  any  of  the  dams  on  the  Oswego  river,  which  of  stone. 
are  necessary  to  the  navigation  of  the  Oswego  canal,  to  rebuild 
such  dams  of  stone,  and  in  such  manner  as  shall,  in  the  judg- 
ment of  the  canal  board,  render  such  structures  permanent, 
and  at  all  times  reliable  for  the  purposes  of  navigation  of  said 
canal  ;  the  expenses  of  such  work  to  be  paid  out  of  any  moneys 
appropriated  or  to  be  appropriated  for  ordinary  or  extraordin- 
ary repairs  on  the  middle  division  of  the  canals  of  this  state.1 

CROOKED   LAKE   CANAL. 

§  382..    (1847,  ch.  249,  §  1  ;  modified  1848,  ch.  162.)    The  crooked 
canal  commissioners  are  authorized  to  rebuild  the  locks  on  the  canal, 
Crooked  Lake  canal,  in  the  same  manner  as  those  heretofore  etc. 
rebuilt,  whenever  they  shall  judge  it  necessary  to  insure  its 
safe  navigation  ;    and  the  [treasurer,  on  the  warrant  of  the 
auditor,  is]  authorized  to  pay  the  cost  thereof  from  the  moneys 
appropriated  to  the  ordinary  repairs  of  the  canals.8 


CHEMUNG   CANAL. 

§  383.  (1864,  ch.  232,  §  1.)  When  it  shall  become  necessary  chemung 
to  rebuild  from  the  foundation  any  of  the  locks  on  the  Che-  focifs'on. 
mung  canal  and  feeder,  it  shall  be  the  duty  of  the  canal  com- 
missioners, and  they  are  hereby  directed  to  construct  and  build 
such  locks  of  timber,  and  of  the  same  dimensions  as  the  en- 
larged locks  on  the  Erie  canal. 

1  Ch.  475  of  1864,  authorized  the  canal  commissioners  to  rebuild  the  dam 
at  Phoenix,  and  the  Horse  Shoe  dam,  on  the  Oswego  river,  "at  no  greater 
height  than  to  maintain  seven  feet  of  water  in  the  prism  of  the  canal  on 
the  levels  above  these  dams,  and  to  construct  said  dams  of  stone." 

S  2,  as  amended,  1865,  ch.  752,  provides  for  building  a  berme  bank  from 
lock  number  one  to  Horse  Shoe  dam. 

As  to  height  of  the  Phoenix  dam,  see  Concurrent  Resolution,  1862,  p. 
1001,  and  Canal  Board  Proceedings,  1870,  p.  66. 

*  See  1855,  ch.  570  ;  1859,  ch.  449  ;  1  Hill,  279;  reversed,  7  Hill,  357. 


190  OF  THE  CANAL  COMMISSIONERS. 

Expense,        £  384.  (Same  cL.  §  2.)  It  shall  be  the  duty  of  the  canal 

DOW  paid. 

commissioners  to  cause  accurate  estimates  to  be  made  of  the 
cost  of  rebuilding  said  locks  of  the  present  dimensions,  and 
also  of  constructing  the  enlarged  locks,  and  whatever  the  ex- 
pense of  such  enlarged  locks  shall  exceed  the  estimated  costs 
of  the  present  dimensions  shall  be  paid  out  of  the  extraordi- 
nary repair  fund  ;  and  the  residue  of  such  costs  shall  be  charged 
to  ordinary  repairs.1 

Conneo-  §  385.  (1854,  ch.  227,  §  1.)  The  canal  board  are  authorized 
junction  to  permit  the  connection  of  the  canal  of  the  Junction  Canal 
mung  Company,  at  its  westerly  termination,  in  the  village  of  Elmira, 
as  now  constructed,  with  the  Chemung  canal,  and  to  regulate 
and  prescribe  the  manner  of  such  connection,  and  the  struc- 
tures to  be  made  by  the  said  company  for  the  passage  of  water 
from  the  Chemung  canal  to  the  said  Junction  canal.  Such 
structures,  when  completed,  and  the  volume  and  flow  of  water 
from  the  Chemung  canal  to  the  Junction  canal,  shall  be  at  all 
times  under  the  exclusive  control  of  the  canal  commissioners ; 
and  the  said  company  shall  not  at  any  time,  upon  any  claim  or 
pretext,  draw  any  water  from  the  Chemung  canal  contrary  to 
the  authority  and  direction  of  the  canal  commissioners. 

Damages.  §  386.  (Same  ck.,  §  2.)  All  damages  which  shall  or  may  be 
sustained  by  the  owner  of  any  property  whatever,  by  reason 
of  the  increased  quantity  of  water  diverted  from  the  Chemung 
river  passing  into  the  said  Junction  canal  for  the  necessary  use 
thereof,  shall  be  paid  by  said  company  to  the  owners  of  said 
property,  upon  the  appraisal  of  three  commissioners,  to  be 
appointed  by  the  supreme  court  in  the  manner  provided  by  the 
general  railroad  act,  and  unless  paid,  the  right  of  the  said  cor- 
poration to  use  or  draw  water  from  the  Chemung  canal  shall 
thereafter  cease  and  determine. 

Powers.  §  387.  (Same  ch.,  §  3.)  The  said  corporation  shall  not  be 
prejudiced,  nor  its  rights,  powers  or  privileges  forfeited,  or  in 
any  manner  impaired,  by  reason  of  having  constructed  a  por- 
tion of  its  canal  through  that  part  of  the  Chemung  valley 
lying  within  the  state  of  Pennsylvania,  but  the  same  are  re- 
tained and  hereby  confirmed,  the  same  as  though  said  canal  had 
been  constructed  wholly  within  the  territory  and  jurisdiction 
of  this  state. 

1  Amending  ch.  211,  of  1858. 


CHEMUNG  CANAL.  19 

§  388.  (Same  ch.,  §  4.)  Nothing  in  this  act  contained  shall  Rights  of 

st&tG  ro™- 

be  construed  or  taken  to  give  any  authority  or  privilege  to  take  served. 
any  water  from  the  Chemung  canal,  to  the  prejudice  of  the 
navigation  or  the  present  business  thereof,  or  in  any  manner 
to  abridge  or  impair  the  control  and  authority  of  the  state  over 
said  Chemung  canal,  and  the  right  and  interests  connected 
therewith,  as  they  now  exist  ;  and  the  water  drawn  from  the 
Chemung  canal  by  virtue  of  this  act  shall  be  taken  and  used 
for  the  purposes  of  navigation,  and  for  no  other  use  or  purpose 
whatever. 


§  389.  (18Y2,  ch.  785,  §  I.)1  From  and  after  the  passage  of 
this  act  the  city  of  Eimira  is  authorized  to  use  that  portion  of  portion  of 

i        /-MI  T  canal  for 

the  Chemung  canal  situated  south  of  its  junction  with  the  a  street. 
Junction  canal  at  Eimira  to  the  southern  terminus  of  the  said 
Chemung  canal,  or  so  much  of  said  portion  as  may  be  deter- 
mined by  the  common  council  of  said  city,  for  a  public  street, 
and  to  fill  in,  sewer,  improve  and  otherwise  adapt  the  same  for 
a  public  street.  But  nothing  in  this  act  contained  shall  be  con- 
strued as  conveying  from  the  state,  or  otherwise  disposing  of 
the  fee  in  the  lands  occupied  by  said  portion  of  the  said  Che- 
mung canal. 

§  390.  (Same  ch..  §  2.)     The  bridges  and  structures  belong-  structural 

to  1)6  r6~ 

ing  to  the  state  upon  the  said  portion  of  the  said  Chemuug  moved. 
canal  shall  be  removed  by  the  state  as  soon  as  practicable  after 
the  common  council  of  the  city  of  Eimira  shall  have  deter- 
mined to  accept  the  provisions  of  this  act,  by  declaring  said 
portion  of  said  canal  a  public  street  ;  and  said  bridges  and 
structures  shall  be  applied  to  public  use,  as  the  same  may  be 
required  from  time  to  time. 

§391.  (Same  ch.,  §  3.)     The  common  council  of  the  said  TO  be  de- 

0  v  '  °       '  clared  a 

city  of  Eimira  may  declare  said  portion  of  said  canal  a  public  ffi*$£& 
street,  and,  except  as  against  the  state,  the    same  shall  be  |*°ept' 
deemed  a  public  highway  for  all  purposes  ;  and  the  same  may 
be  filled  up,  graded,  or  otherwise  improved  at  the  expense  of 
the  city,  in  such  manner  as  may  be  determined  by  the  said 
common  council,  or  in  accordance  with  the  provisions  of  the 
charter  of  the  said  city. 


1  See  canal  board  proceedings,  1872,  p.  22. 


192  OF  THE  CANAL  COMMISSIONERS. 

Railroad         §  392.  (1873,  ch.  834,  §  2.)     The  Utica,  Ithaca  and  Elmira 
Railroad  Company  are  hereby  authorized  to  extend  and  con- 
on  cte-      struct  their  railroad  from  their  present  road  in  Horseheads, 

mung  i 

canal.  jn  the  county  of  Chemung,  to  and  into  the  city  of  Elmira,  in 
said  county,  and  for  this  purpose  are  authorized  to  build  their 
railroad  across  the  Chemung  canal,  as  may  be  necessary,  and 
to  construct  and  operate,  at  their  own  expense,  suitable  swing 
or  turn-table  draw-bridges  for  the  passage  of  trains  of  said  rail- 
road over  said  canal ;  and  bridges  to  be  constructed,  as  to  time 
and  manner  of  building,  the  same  as  the  canal  commissioner 
in  charge  of  that  section  of  the  canal  shall,  in  the  interest  of 
the  state,  require ;  and  said  bridges,  when  completed,  shall  be 
under  the  control  and  management  of  said  canal  commissioner 
in  charge  for  the  time  being,  but  all  the  expenses  of  erecting, 
maintaining  and  operating  said  bridges  shall  be  provided  for 
and  paid  by  said  railroad  company.  In  building  said  bridges 
over  said  canal,  no  pier  or  obstructions  shall  be  placed  in  the 
prism  of  said  canal. 

May  use  §  393.  (Same  ch.,  §  3.)  The  Utica,  Ithaca  and  Elmira  Rail- 
ca£ai°in°f  road  Company  are  hereby  authorized,  by  and  with  the  assent 
under*  of  the  common  council  of  the  city  of  Elmira,  given  by  the 
ofrcora°n  affirmative  vote  of  two-thirds  of  all  the  members  of  said  com- 
mon council,  and  upon  such  terms  and  conditions  as  said  rail- 
road company  and  the  city  of  Elmira  may  mutually  agree 
upon,  to  fill  in  and  use  for  the  purposes  of  their  railroad,  hav- 
ing first  laid  a  good  and  sufficient  sewer  for  the  purpose  of 
drainage,  that  portion  of  said  canal,  or  so  much  thereof  as  they 
may  desire,  situated  south  of  the  junction  with  the  Junction 
canal,  at  said  city  of  Elmira,  to  the  northern  boundary  of  the 
buildings  now  situate  on  said  canal,  on  the  north  side  of  Water 
street  in  said  city  of  Elmira,  subject  to  the  terms  and  condi- 
tions of  chapter  seven  hundred  and  eighty-five  of  the  laws  of 
eighteen  hundred  and  seventy-two,  entitled  "An  act  authoriz- 
ing the  city  of  Elmira  to  use  a  portion  of  the  Chemung  canal 
for  a  public  street,  and  for  other  purposes,"  passed  May  twenty, 
eighteen  hundred  and  seventy-two ;  provided  that,  as  to  all 
extensions  of  road  by  this  act  authorized,  the  said  company 
shall  be  subject  to  the  provisions  of  chapter  one  hundred  and 
forty  of  the  laws  of  eighteen  hundred  and  fifty,  and  acts 
amendatory  thereof ;  and  further  provided  that,  if  the  build- 
ing and  maintaining  of  said  railroad  along  or  upon  said  canal 
or  property  of  the  state  by  the  change  from  a  canal  to  a  rail- 


CHENANGO  CANAL.  193 

road  as  herein  authorized,  will  impair  the  value  of  private 
property  adjoining  thereto,  said  railroad  company  shall  be  lia- 
ble in  damages  therefor  to  the  party  aggrieved ;  the  amount 
of  such  damages  to  be  ascertained  and  paid  in  the  same  man- 
ner as  is  now  provided  by  law  for  ascertaining  and  paying 
damages  for  lands  taken  for  railroad  purposes,  except  that  any 
party  or  party  J  deeming  himself  or  themselves  aggrieved,  may 
petition  for  the  appointment  of  the  commissioners  for  the  pur- 
pose aforesaid ;  and  all  the  work  upon  said  railroad  along  said 
canal  shall  be  constructed,  as  to  the  time  and  manner  of  doing 
the  same,  as  the  canal  commissioner  in  charge  shall,  in  the 
interest  of  the  state,  require  and  direct. 

§  394.  (/Same  ch.,  §  4.)  In  case  the  common  council  of  the  ^q^lre 
city  of  Elmira  refuses  or  neglects  to  pass  an  ordinance  signify-  ofecityht* 
ing  their  acceptance  of  the  conditions  and  privileges  secured  of  Elmira 
to  said  city,  under  the  act  of  chapter  seven  hundred  and  eighty- 
five  of  the  laws  of  eighteen  hundred  and  seventy-two,  within 
thirty  days  from  the  passage  of  this  act,  the  said  Utica,  Ithaca 
and  Elmira  Railroad  Company  is  hereby  granted  and  empow- 
ered to  exercise  all  the  rights  and  privileges  granted  to  the 
said  city  of  Elmira  under  section  three  of  said  act  of  eighteen 
hundred  and  seventy-two,  for  the  purposes  of  their  railroad, 
subject  to  the  terms  and  conditions  of  this  act  hereinbefore 
contained  ;  provided  that  the  said  railroad  company  shall  con- 
struct and  maintain  a  suitable  sewer  under  such  portions  of 
said  canal  as  may  be  occupied  by  the  railroad,  and  allow  the 
said  sewer  to  be  used  by  the  state  authorities  as  an  outlet  for 
the  sewer  leading  from  and  used  by  the  state  reformatory, 
and  the  said  reformatory  commissioners  are  hereby  authorized 
and  directed  to  continue  the  said  sewer  to  the  outlet  of  the 
canal  at  Water  street,  in  the  city  of  Elmira. 

CHENANGO    CANAL. 

§  395.  (1846,  ch.  98,  §  5.)  The  managers  of  the  said  asylum  cuca 
(the  State  Lunatic  Asylum  at  Utica)  are  authorized,  under  the  toyuse" 

-, .  .  ,        ,  .  in      •  i  i      <•     i  .  •          waters  of 

direction  and  stimect  at  all  times  to  the  control  01  the  acting  chenan^o 

i  f     -i         /-ii  i  canal. 

canal  commissioner  having  charge  of  the  (Jhenango  canal,  to 
use  the  surplus  water,  discharged  around  or  through  the  fifth 
lock  on  said  canal,  to  operate  a  pump,  to  supply  said  asylum 
with  water  from  said  canal  or  from  Nail  creek,  in  case  the  said 


1  So  in  the  original. 

25 


194  OF  THE  CANAL  COMMISSIONERS. 

commissioner  shall  be  of  opinion  that  the  same  can  be  done 
without  detriment  to  the  navigation  of  said  canal. 

state  §  396.  (Same  ch.,  §  6,  as  amended  by  1859,  ch.  457,  and  1867, 

asylum  ch.  564.)  The  managers  of  the  said  asylum  shall  have  control 
water  and  of  the  water  in  the  levels  of  the  Chenango  canal,  from  the  fifth 

ice,  but 

subject  to   to  the  tenth  locks  of  said  canal,  both  inclusive,  and  of  the 

commis-  '  ' 

sioneHn  water  discharged  from  said  levels  and  locks  for  the  purpose  of 
supplying  said  asylum  with  water  and  ice ;  and  it  shall  be  the 
duty  of  all  officers  having  charge  of  said  canal,  and  of  the  per- 
sons employed  by  them,  to  do  all  things  necessary,  and  which 
may  be  required  by  said  managers,  for  the  supply  of  said  asylum 
with  water  and  ice  as  aforesaid ;  provided  always  that  the  said 
managers  in  all  their  acts  in  reference  to  said  levels,  and  locks, 
and  water,  shall  be  at  all  times  subject  to  the  direction  and  con- 
trol of  the  acting  commissioner  having  charge  of  said  canal ; 
and  that  nothing  shall  be  done  or  permitted  by  said  managers, 
which  shall  obstruct  or  interfere  with  the  navigation  of  said  canal, 
or  which  shall  not  first  receive  the  sanction  of  the  commissioner 
in  charge,  and  all  persons,  except  such  as  are  in  the  employ  of 
the  state,  and  such  as  are  engaged  in  the  navigation  of  the 
canals,  are  hereby  prohibited  from  preventing,  obstructing  or 
in  any  way  interfering  with  the  said  levels,  locks  and  water  of 
the  canal,  so  as  to  prevent  the  free  and  full  use  thereof  by  the 
said  asylum,  and  from  doing  any  thing  to  injure  the  quality 
of  said  water  for  said  use ;  and  any  person  who  shall,  in  any 
way,  willfully  violate  this  prohibition,  shall  be  guilty  of  a  mis- 
demeanor. 

Duty  of          §  397.  (Same  ch.,  §  7,  as  amended  by  1859,  ch.  457.)  It  shall 

sioner.       be  the  duty  of  the  said  acting  commissioner  to  do  whatever 

may  be  necessary  to  be  done  by  him,  to  carry  the  preceding 

section  into  effect,  so  as  in  the  best  way  to  fulfill  its  intention 

of  supplying  said  asylum  with  water  and  ice.1 

Bingham-  §  398.  (1872,  ch.  787,  §  1.)  On  and  after  the  first  day  of  Sep- 
tioena0f°rh  tem^er'  eighteen  hundred  and  seventy-two,  the  city  of  Bing- 
chenango  hamton  is  authorized  to  use  that  portion  of  the  Chenango  canal 

canal  for  a  f      ° 

street.        between  the  north  end  of  Prospect  avenue  in  the  said  city  and 

1  Chenango  canal.  —  See  canal  board  proceedings,  1872,  p.  22,  as  to  that 
portion  between  its  junction  with  the  Chenango  extension  and  the  Sus- 
quehanna  river.  1865,  ch.  593,  relates  to  the  duty  of  commissioner  as  to 
embankments,  highways,  etc.,  Eaton  and  Nelson  Brook  reservoir. 


CHENANG-0  CANAL.  195 

the  south  side  of  Susquehanna  street  for  a  public  street,  and  to 
fill  in  and  otherwise  adapt  the  same  for  a  public  street.  But 
nothing  in  this  act  contained  shall  be  construed  as  granting 
away  from  the  state  of  New  York  the  fee  in  the  lands  occupied 
by  the  said  portion  of  the  canal,  or  as  conveying  any  property 
in  the  materials  used  in  the  construction  of  said  canal,  nor  as 
authorizing  the  removal  of  any  portion  of  any  building  erected 
on  canal  land,  with  the  consent  of  the  state,  express  or  implied, 
except  by  the  regular  method  provided  in  title  eight  in  the 
charter  of  the  city  of  Binghamton.1 

§  399.  (Same  ch.,  §  2  ;  amended  1873,  ch.  711,  §  1.)  The  Bulk-head. 
bridges  and  structures  belonging  to  the  state,  upon  said  portion 
of  the  said  Chenango  canal,  shall  be  removed  by  the  state  as 
soon  as  practicable,  after  the  common  council  of  said  city  shall 
have  determined  to  accept  the  provisions  of  this  act  by  declar- 
ing said  portion  of  said  canal  a  public  street.  If,  in  the  opin- 
ion of  the  canal  commissioner  in  charge,  it  shall  be  found 
necessary  to  construct  the  bulk-head  mentioned  in  section  three 
of  the  said  chapter  seven  hundred  and  eighty-seven  of  the  laws 
of  eighteen  hundred  and  seventy-two,  the  construction  of  the 
said  bulk-head  shall  be  without  expense  to  the  state. 

§  400.    (Same  ch.,  8  3  ;  amended  1873,  oh.  711,  §  2.)   The  Maybe- 

come  a 

common  council  of  the  said  city  of  Binghamton  may  declare  PHb,lic 
said  portion  of  said  canal,  or  a  part  thereof,  a  public  street,  except, 
and,  except  as  against  the  state,  the  same  shall  be  deemed  a 
public  highway  for  all  purposes,  and  the  same  may  be  filled  up, 
graded  or  otherwise  improved  at  the  expense  of  the  said  city, 
or  at  the  expense  of  parties  who  may  voluntarily  contribute 
thereto,  or  both. 


§  401.  (1873,  ch.  835,  §  1.)  For  the  purposes  of  preserving 
the  embankments  and  mechanical  structures  on  that  part  of  shore  and 

f  Williams- 

the  Chenango  canal  extension  which  lies  south  of  the  S  usque-  port  Raii- 

*          road  may 

hanna  river,  and  maintaining  farm  crossings  thereon,  without  laytrw* 
expense  to  the  state,  the  Binghamton,  Onshore  and  Williams-  P*^™1^ 
port  Railroad  Company  is  hereby  authorized,  with  the  consent 
of  the  canal  board,  to  lay  a  railroad  track  on  the  tow-path  of 
that  part  of  the  said  Chenango  canal  extension  which  lies  south 

1  As  to  abandonment  of  Evans'  basin,  in  Binghamton,  see  canal  board 
proceedings,  1871,  p.  185. 


196  OF  THE  CANAL  COMMISSIONERS. 

of  the  Susquehanna  river,  or  such  portion  thereof  as  said  com 
panj  may  deem  available  for  such  purpose,  upon  condition  that 
said  railroad  company  shall  keep  the  said  tow-path  so  used  in 
good  repair,  and  shall  remove  said  railroad  track  from  said  tow- 
path  whenever  the  said  canal  extension  shall  be  completed  and 
con-  ready  for  navigation.  And  whether  said  railroad  company  shall 
occupy  the  river  bank  of  said  canal,  or  any  other  portion  thereof, 
said  company  shall,  so  long  as  it  uses  and  occupies  said  canal, 
protect  and  maintain  its  embankments,  culverts,  waste-weirs 
and  other  mechanical  structures,  on  that  portion  so  used  and 
occupied,  against  the  encroachments  of  the  river,  and  any  and 
all  causes  of  damage.  And  shall  construct  and  maintain,  under 
the  direction  of  the  canal  commissioner  in  charge,  all  the  farm 
crossings  recognized  and  designated,  or  which  may  be  recog- 
nized or  designated  by  the  canal  commissioners,  not  already 
constructed,  and  keep  in  repair  the  bridges  already  built  by 
the  state,  and  shall  make  and  maintain  fences,  as  required  by 
the  general  railroad  laws  of  the  state  ;  and  said  railroad  shall 
be  assessed  and  shall  pay  taxes  upon  that  portion  of  the  said 
canal  lands  which  may  be  used  by  said  railroad,  in  the  same 
manner  as  though  said  road  were  the  owner  of  the  lands  so 
used  or  occupied ;  said  taxes  shall  be  levied  and  collected  in 
the  same  manner  as  other  taxes  are  levied  and  collected  of  said 
company.  Said  company  shall  be  liable  to  pay  any  and  all 
damages  which  may  be  sustained  by  floods  or  otherwise  upon 
such  portion  of  such  canal  as  shall  be  occupied  by  said  com- 
pany. 

When  S  402.  (Same  oh..  §  2.)  In  case  said  railroad  shall  fail  for  two 

rights  of 

railroad      years  to  occupy  the  said  tow-path  of  said  canal  extension,  or 

to  cease  *• J  r 

any  part  thereof,  with  its  tracks,  its  right  to  lay  its  tracks  upon 
the  part  not  so  occupied  shall  then  cease.  The  said  railroad 
company  is  hereby  authorized  and  empowered  to  change  the 
line  of  its  road  so  as  to  extend  the  same  along  the  valley  of  the 
Susquehanna  river  to  the  valley  of  the  Wappasening  creek  in 
the  town  of  Nichols  in  the  county  of  Tioga,  and  then  up  the 
valley  of  the  said  creek  to  the  state  line  of  Pennsylvania,  with 
all  the  rights,  powers  and  privileges  provided  in  the  act  entitled 
"  An  act  to  authorize  the  formation  of  railroad  corporations, 
and  to  regulate  the  same,"  passed  April  second,  eighteen  hun- 
dred and  fifty,  and  the  acts  amending  the  same.  And  in  case 
said  railroad  company  shall  fail  to  construct  a  single  track  of 
their  road  over  their  line  so  changed,  from  Binghamton  afore- 


BLACK  RIVER  CANAL,  FEEDER,  RESERVOIRS,  ETC.  197 

said  to  said  state  line  in  the  valley  of  the  Wappasening  creek, 
for  two  years  after  the  passage  of  this  act,  to  meet  a  railroad  to 
be  constructed  from  the  Pennsylvania  Northern  Central  Rail- 
road along  the  valley  of  the  Towanda,  Wysox  and  Wappasen- 
ing creeks,  then  the  rights  and  privileges  of  the  said  company 
under  this  act,  and  each  and  every  of  them,  shall  cease  and 
determine. 

§  403.  (Same  ch.,  §  3.)  It  shall  be  the  duty  of  the  canal  Notice  of 
board,  when  the  said  canal  extension  is  completed  and  ready  penalty, ' 
for  navigation,  to  give  notice  thereof  to  said  railroad  company, 
requiring  said  company  to  remove  said  railroad  track  from  said 
tow-path,  and  it  shall  be  the  duty  of  said  railroad  company  to 
remove  the  same  within  thirty  days  after  receiving  such  notice, 
under  penalty  of  one  hundred  dollars  a  day  for  each  and  every 
day  the  said  railroad  company  shall  neglect  to  remove  said 
railroad  track  after  the  expiration  of  the  said  thirty  days ;  said 
penalties  to  be  sued  for  and  recovered  in  the  name  of  the  peo- 
ple of  this  state. 

§  404.  (Same  ch.,  §  4.)  Nothing  in  this  act  shall  be  so  con-  Not  to 
strued  as  to  prevent  the  state  from  selling  said  canal,  should  state8" 
authority  to  sell  the  same  at  any  time  be  given  by  the  people  canaif 
of  the  state  by  an  amendment  of  the  constitution ;  and  in  case 
the  said  railroad  company  shall  not  become  the  purchaser  of 
said  canal  on  a  sale  thereof  by  the  state,  the  said  railroad  com- 
pany shall  immediately  deliver  possession  of  said  canal  to  the 
purchaser,  reserving  the  right  to  remove  the  tracks  and  all 
other  structures  built  for  railroad  purposes  by  said  company, 
and  the  legislature  may  at  any  time  alter,  amend  or  repeal  this 
act. 

BLACK   RIVER   CANAL,    FEEDER,    RESERVOIRS,    ETC. 

§  405.  (1851,  ch.  181,  §  1.)     The  canal  commissioners  are  Black 
hereby  authorized  and  directed  to  cause  examinations  and  stir-  reservoirs. 
veys  to  be  made  of  the  lakes  at  the  head  of  Black  river,  and 
if,  in  their  opinion,  necessary,  also  of  the  lakes  on  Moose  and 
Beaver  rivers,  for   the  purpose  of   creating,  if    practicable, 
reservoirs  of    sufficient  capacity  to  supply  the  Black  River 
canal  feeder  with  such  quantity  of  water,  during  the  summer 
months,  as  shall  be  necessary  for  the  supply  of  the  Black  River 
and  Erie  canals,  and  as  shall  give  to  the  Black  river,  as  near 


198  OF  THE  CANAL  COMMISSIONERS. 

as  may  be,  as  much  water  as  ordinarily  flows  therein  during 
the  summer  months.1 

TO  con-  §  406.  (Same  ch.,  §  2.)  The  said  commissioners  shall  cause 
dams,  etc.  such  dams,  bulk-heads,  gates  and  other  erections,  to  be  con- 
structed on  the  streams  and  lakes  flowing  into  the  Black  river 
above  the  canal  feeder  dam,  or,  if  such  streams  and  lakes  are 
insufficient  to  supply  the  quantity  of  water  necessary  for  the 
purposes  contemplated  in  the  first  section  of  this  act,  then  the 
said  commissioners  are  required  to  cause  to  be  constructed  such 
other  dams,  bulk-heads  and  erections  on  one  or  both  the  said 
Moose  and  Beaver  rivers,  as  shall  be  necessary  to  accomplish 
the  purposes  in  the  said  first  section  specified. 

Dams  §  407.  (Same  ch.,  §  3.)     The  said  dams,  bulk-heads,  gates 

of  public  and  other  erections  shall  be,  and  they  are  hereby,  made  part 
of  the  public  works,  and  shall  be  under  the  control  and  super- 
vision of  the  canal  commissioners,  whose  duty  it  shall  be  to 
determine  at  what  season  of  the  year  the  said  dams  and  gates 
shall  be  closed,  and  at  what  times  and  in  what  quantity  the 
waters  from  said  reservoirs  shall  be  discharged,  so  that  the 
waters  thus  reserved  shall  be  let  into  said  Black  river,  during 
the  summer  months,  in  such  manner  and  in  such  quantity,  as 
to  give,  so  far  as  practicable  to  the  inhabitants  residing  on 
said  river  the  benefit  of  said  reserved  waters,  when  the  same 
shall  be  required  for  use,  and  such  supply  shall  not  be  less 
than  the  quantity  which  ordinarily  flows  in  said  river,  during 
the  summer,  provided  the  supply  from  said  reservoirs  will 
furnish  such  quantity  after  supplying  the  Black  River  canal 
and  the  Erie  canal  with  water. 

TO  appoint  §  408.  (Same  ch.,  §  4.)  The  said  commissioners  are  hereby 
etc.pei  authorized  to  employ  such  number  of  persons  as  in  their 
judgment  may  be  required  to  attend  the  gates  on  said 
dams,  whose  duty  it  shall  be  to  attend  said  gates,  and  to  regu- 
late the  flows  of  water  through  the  same,  under  such  regula- 
tions as  the  canal  commissioners  may  prescribe,  subject  to  the 
approval  of  the  canal  board. 

1  As  to  construction  of  Black  River  canal  and  Erie  canal  feeder,  the 
improvement  of  Black  river  from  High  Falls  to  Carthage,  to  make  it  navi- 
gable for  steamboats  drawing  four  feet  of  water,  and  right  to  use  Lansing's 
Kill  and  Mohawk  river.  See  1836,  ch.  157. 


BLACK  RIVER  CANAL,  FEEDER,  RESERVOIRS,  ETC.  199 

409.  (Same  ch.,  §  5.)    Any  person  who  shall  willfully  open  Penalties 
or  close  any  dam  or  dams,  or  the  bulk-heads,  gates  or  other  aging  such 

works 

erections  connected  therewith,  or  shall  impair  or  destroy  the 
same  without  authority  from  the  canal  commissioners,  shall 
forfeit  the  sum  of  one  thousand  dollars,  to  be  sued  for  and 
collected  in  any  court  having  jurisdiction  thereof;  one-half 
of  said  sum  to  be  paid  into  the  treasury  for  the  benefit  of  the 
canal  fund,  and  the  other  half  to  the  person  who  shall  prose- 
cute for  the  same. 

§  410.  (Same  ch.,  §  6.)  All  laws  relating  to  the  care  and 
prosecution  of  the  public  works  of  this  state,  not  inconsistent 
with  this  act,  shall  apply  to  the  works  hereby  authorized  to  be 
erected. 

§  411.  (1858,  ch.  185,  §  1.)  All  that  portion  of  the  Black  Certain 
River  canal  and  slack-water  navigation  in  said  river,  from  the  annexed 

0  to  section 

entrance  of  said  canal  into  the  Black  river,  to  its  northerly  2,  Black 

'  J    River 

termination  into  the  Black  river  below  Lyons  Falls,  including  canaL 
all  the  piers,  locks  and  other  structures  thereto  belonging ;  and 
also  the  Xorth  Branch  and  Wood  hull  reservoirs,  with  all  the 
dams,  chutes,  docking,  bridges,  and  all  other  structures  and 
appurtenances  thereunto  belonging,  together  with  the  pond 
above  the  clam,  at  the  head  of  the  Black  River  feeder,  with  all 
the  docks,  waste-gates,  piers,  and  all  other  structures  connected 
therewith,  may  be  attached  and  annexed  by  the  canal  commis- 
sioners to  superintendents  section  number  two  Black  River 
canal ;  *  *  *  .' 

§  412.  (1859,  ch.  149  ;  amended  ch.  326.)  The  sum  of  forty-  Appro- 

.    ,          ,    ,/         ,  „.    ,          ,       priatlon 

nine  thousand  seven  hundred  and  eighty  dollars  thereof  is  hereby  for. 
appropriated  to  the  completion  of  so  many  of  the  Black  River 
reservoirs  as  will,  with  the  least  expense,  restore  to  the  Black 
river  eleven  thousand  cubic  feet  of  water  per  minute,  being 
the  quantity  diverted  to  the  Erie  canal,  and  the  residue  to  the 
completion  of  the  Black  River  canal.1 

1  The  point  between  sections  2  and  3,  Black  river,  is  300  feet  north  of 
lock  No.  109.     Canal  board  proceedings,  March  7,  1866. 

2  For  temporary  appropriation  of    water  before  1851,  see  19  Barb.  657. 
As  to  claims  growing  out  of  this  diversion  of  water,  see  1857,  chs.  245  and 
570  ;  1858,  chs.  350  and  351  ;  1861,  ch.  344  (printed  on  page  9,  laws  1862), 
and  Report  of  Littlefield  and  others  to  the  legislature  of  1856,  Assembly 
Documents,  Xo.  125,  Vol.  4.     As  to  locks,  see  1847,  ch.  260. 


200  OF  THE  CANAL  COMMISSIONERS. 

Dam  8  413.  (18T2,  ch.  850,  §  1.)      *      *      *      For  construction 

across  ,r  .  ,  .    „  , 

Moose        of  a  dam  across  Moose  river  at  the  old  .brown  s  tract  forge  at 

river 

foot  of  Fultou  chain  of  lakes,  to  raise  the  water  in  lakes  to 
supply  deficiency  on  Black  river  improvement,  pursuant  to 
chapter  181,  laws  of  1851,  in  dry  season,  the  sum  of  eighteen 
thousand  dollars,  if,  in  the  opinion  of  the  canal  board  the  state 
is  under  equitable  obligations  to  construct  such  dam,  and  if,  in 
the  opinion  of  said  board,  it  is,  under  all  the  circumstances, 
expedient  to  do  said  work,  provided  the  owners  of  said  lakes 
and  lands  adjoining  release  to  the  state  all  damages  for  use  of 
said  lakes  and  damages  to  land  to  be  flowed  in  consequence  of 
the  construction  of  said  dam.1 


GENE8EE  VALLEY  CANAL. 

TO  raise  §  414k    (1863,  ch.  34:2,  §  1.)    The  canal  commissioners  are 

feeders  hereby  authorized  to   raise  the  water  in  Oil  Creek  reservoir 

011  Creek  three  feet,  and  define  the  boundaries  of  lands  for  the  same  at 

on  Gene-  an  elevation  of  six  feet  above  the  bottom  of  the  outlet  hereto- 

see  Valley 

canal.  fore  in  use ;  also  to  construct  a  dam  across  the  Ischua  oreek,  at 
Ischua  feeder,  at  such  elevation  as  may  be  determined  by  the 
canal  board.  Said  commissioners  are  further  authorized  to 
raise  and  maintain  the  dams  at  an  elevation  of  five  feet  above 
bottom  of  canal,  across  the  streams  that  supply  with  water  that 
part  of  the  canal  designated  as  the  extension  of  the  Genesee 
Yalley  canal;  said  commissioners  are  further  authorized  to 
take  possession  of  all  lands  necessary  to  carry  this  act  into 
effect. 

TO  place         §  415.  (Same  ch.,  §  3.)  The  canal  commissioners  are  further 
ments  of     authorized  and  required  to  place  fixed  and  permanent  monu- 
each  dam.   ments  of  stone  near  each  dam  and  of  the  outlet,  for  the  pur- 
pose of  determining  at  any  future  time  the  height  to  which 
the  works  mentioned  in  this  act  are  to  be  maintained,  and  fur- 
nish with  their  next  annual  report,  maps  and  references  desig- 
nating said  monuments.1 


1  For  resolution  of  the  canal  board  affirming  the  equitable  obligation  to 
construct  a  dain  across  Moose  river,  see  proceedings,  1872,  p.  124.  For  re- 
building Woodhull  reservoir  and  construction  of  Sand  Lake  reservoir,  see 
canal  board  proceedings,  1870,  p.  206  :  1871,  pages  174  and  238  ;  1872,  p. 
124,  and  canal  commissioners'  reports,  1872,  p.  51,  and  1873,  p.  58. 

8  See  canal  commissioners'  report,  1864,  Appendix  A,  for  maps,  monu- 
ments, etc.  Laws  of  1864,  ch.  170  provides  for  making  a  reservoir  of  Lime 


ONEIDA  LAKE  CANAL.  201 

ONEIDA    LAKE   CANAL. 

§  416.  (1860,  oh.  46,  §  1;  amended  1862,  oh.  486,  §  1.)  Locks  on 
When  it  shall  become  necessary  to  rebuild  any  of  the  locks  Lake 
on  the  Oneida  Lake  canal,  it  shall  be  the  duty  of  the  canal 
commissioners  to  have  such  locks  constructed  of  timber,  and 
of  the  same  dimensions  as  the  enlarged  locks  on  the  Erie 
canal,  and  for  the  purpose  of  ascertaining  the  increase  of 
expense  beyond  the  cost  of  reconstructing  the  locks  on  the  old 
plan,  the  canal  commissioners  shall  cause  accurate  estimates  to 
be  made  of  the  cost  of  rebuilding  the  locks  of  the  present 
dimensions,  and  also  the  cost  of  constructing  the  enlarged 
locks,  and  such  addition  shall  be  paid  by  the  treasurer  on  the 
warrant  of  the  comptroller,  out  of  any  unappropriated 
moneys  belonging  to  the  general  fund ;  but  said  locks  are  not 
to  be  rebuilt  so  long  as  ordinary  repairs  above  high  water 
mark  in  the  canal  will  keep  them  in  good  navigable  con- 
dition. 

§  417.  (1852,  ch.  230.)    The  canal  commissioners  are  hereby  TO  appoint 

...        .  ~    keeper  at 

authorized  to  assume  the  care  and  maintenance  of  the  draw  in  draw- 
bridge at 
the  bridge  over  the  Oneida  river,  at  Oak  orchard,  and  appoint 

some  suitable  person  to  attend  the  same  at  the  expense  of  the 
State,  to  be  paid  as  ordinary  repairs  of  the  canals.  And  here- 
after the  town  of  Clay,  in  the  county  of  Onondaga,  and 
Schroeppel,  in  the  county  of  Oswego,  shall  be  released  from 
any  charge  or  expense  in  relation  thereto. 

§  418.  (1872,  oh.  850.  *  *  *)  The  sum  of  fifty  thou- 
sand dollars  is  hereby  appropriated  to  complete  the  Oneida 
Lake  canal ;  but  no  portion  of  this  sum  shall  be  expended  unless 
the  canal  commissioner  can  make  a  contract  within  such  sum, 
on  public  notice  of  letting  to  the  lowest  bidder,  for  all  the 
work  necessary  to  make  the  said  canal  and  its  works  and 
structures  safe,  and  secure  good  navigation,  the  modified  plan 
of  the  work  to  be  determined  by  the  canal  commissioner  and 
the  state  engineer.1 

lake,  and  for  using  the  flood  water  of  Ischua  creek.     As  to  feasibility  and 
cost  of  completing  old  line  from  Olean  to  the  river,  see  Assembly  Doc.  1871, 
Vol.  7,  No.  186. 
1  Further  appropriation,  1873,  ch.  766. 

26 


202  OF  THE  APPRAISEMENT  OF  DAMAGES. 

ARTICLE  III. 

OF   THE   APPRAISEMENT   OF    DAMAGES. 

SKCTION  420.  Number  of  canal  appraisers,  their  duties,  oath,  etc. 

421.  Terms  of  office. 

422.  Salaries. 

423.  To  be  paid  out  of  canal  revenues. 

424.  Allowance  for  making  return  to  appeals  after  term  of  office 

has  expired. 

425.  To  appraise  value  of  private  property  appropriated  for  canal 

purposes. 

426.  To  meet  in  vicinity  of  premises  and  hear  evidence. 

427.  Duties  of  appraisers,  to  view  premises  and  take  testimony. 

428.  Appraisers  to  record  claims,  allowances  and  items  not  allowed, 

with  their  reasons. 

429.  Claims  for  damages,  when  to  be  exhibited. 

430.  Claims  f^r  former  damages,  when  to  be  exhibited. 

431.  Canal  commissioners  and  appraisers  to  issue  subpoenas. 

432.  Their  form,  returnable  in  same  or  adjoining  county. 

433.  Witnesses  fees  for  attendance  on  appraisers'  subpoenas. 

434.  Penalty  for  neglect  to  appear. 

435.  To  notify  the  canal  commissioner  in  charge,  and  the  claimant, 

of  time  and  place  of  meeting ;  notices,  how  given  ;  claims 
may  be  heard  ex  parte  in  certain  cases. 

436.  One  of  the  canal  commissioners  to  attend  in  person,  or  by 

agent,  and  procure  the  examination  of  witnesses  on  the 
part  of  the  state. 

437.  Decisions  of  the  appraisers  and  new  trials. 

438.  Canal  commissioners  not  to  vote  on  appeals  in  which  they 

have  appeared  before  the  appraisers. 

439.  Each  appraiser  to  attend  meetings  for  appraisal  of  damages. 

Twp  may  decide  and  determine  claim. 

440.  Books,  papers,  etc.,  where  to  be  deposited. 

441.  Books,  records,  etc.,  to  be  removed  to  the  apartment  of  the 

canal  appraisers. 

442.  Every  decision  of  appraisers  to  be  entered  in  books  kept  for 

that  purpose. 

443.  Transcript  of  the  entry,  signed,  to  be  recorded  in  the  clerk's 

office  where  the  lands  lie. 

444.  Fee  simple  of  premises  appropriated  vested  in  the  state. 

445.  When  damages  appraised  exceed  benefits,  commissioners  to 

pay  excess.     In  case  of  appeal,  not  to  pay  until  final  decis- 
ion is  had. 

446.  Commissioners,  engineer,  or  superintendent  of  repairs,  may 

fix  by  agreement,  amount  of  temporary  damages  in  certain 
cases. 

447.  Damages  for  lands,  waters  or  steams,  used  for  temporary 

purposes,  if  not  settled  by  agreement,  shall  be  appraised. 

448.  Proceedings  in  such  cases. 

449.  Damages  for  lands  overflowed. 


OF  THE  APPKAISEMENT  OF  DAMAGES.  203 

SECTION  450.  To  be  appraised  as  in  other  cases. 

451.  Lauds  divided  by  canals  to  be  taken  for  the  state  in  certain 

cases. 

452.  Damages  appraised  as  in  other  cases. 

453.  Land  for  enlargement  of  the  Erie  canal,  appraised  above  ita 

fair  value,  shall  not  be  taken. 

454.  If  a  purchase  cannot  be  made  at  fair  prices,  the  canal  to  be 

enlarged  within  original  lines. 

455.  In  such  cases  no  boats  to  stop  or  land  freight  or  passengers 

there.     Penalty. 

456.  Commutation  for  farm  bridges,  if  not  agreed  upon,  damages 

to  be  appraised. 

457.  Set-off  against  damages. 

458.  Appraisement  as  in  other  cases. 

GENERAL  ACT,  RULES,  ETC. 

459.  General  act  authorizing  appraisers  to  hear  and  determine 

claims  for  damages,  except  those  resulting  from  navigation. 

460.  Claims,  when  to  be  filed.     Appraisers  to  employ  counsel  in 

behalf  of  the  state. 

461.  Appraisers  to  prescribe   rules,  forms  and  proceedings.     To 

issue  subpoenas,  punish  contempts  and  issue  commission  for 
examination  of  witnesses  out  of  the  state. 

APPEALS,  NEW  TRIALS,  ETC. 

462.  Appeal  from   decision  of   the  appraisers  to  be  to  the  canal 

board. 

463.  Appeal  to  be  in  writing,  stating  grounds,  etc. ;  how  served. 

464.  Appraisers  to  file  transcripts  of  their  decisions  within  thirty 

days ;  appeal  must  be  brought  within  three  months  from 
time  of  filing. 

465.  Appeals  from  awards  under  special  acts.     Power  of   canal 

board. 

466.  Such  appeals  shall  be  taken  within  three  months. 

467.  Proceedings  relative  thereto. 

468.  Notices  of  appeal  may  be  signed  by  one  or  more  canal  com- 

missioners. 

469.  Return  to  the  appeal  to  be  made  in  writing  with  transcript  of 

evidence,  allowances  and  reasons  for  their  decision. 

470.  Canal   board   to  meet    to  decide  appeals;   how  heard   and 

decided. 

471.  On  reversal  or  modification  of  an  award,  reasons  to  be  stated ; 

copy  to  be  filed  ;  may  order  new  trial  before  appraisers. 

472.  Canal  board  may  grant  a  rehearing,  if  applied  for  within  sixty 

days. 

473.  Certiorari  to  supreme  court  from  appraisers'  award. 

474.  When  it  shall  be  brought.     Proceedings  thereon,  appeals,  etc. 

475.  Not  to  prevent  an  appeal  to  the  canal  board  in  respect  to  the 

amount  of  damages. 

476.  Appraisers  to  make  an  annual  report  to  the  legislature ;  its 

contents. 


204 


OF  THE  APPRAISEMENT  OF  DAMAGES. 


Three  ap- 
praisers 
to  be  ap- 
pointed. 


Terras  of 
office. 


Salaries. 


OF  THE  CANAL  APPRAISERS,  AND  THE  APPRAISEMENT  OF  DAMAGES. 

§  420.  (B.  S.,  §  45,  as  amended,  1836,  ch.  287,  §  1,  and 
1857,  ch.  538,  §  1.)  There  shall  be  nominated  by  the  governor, 
and  appointed  by  him,  with  the  consent  of  the  senate,  three 
officers  by  the  name  of  canal  appraisers,  who  shall  hold  their 
offices  for  [three]  years  and  until  their  successors  shall  be  duly 
qualified,  [and  who]  shall  be  the  appraisers  of  damages,  in  the 
cases  hereinafter  specified.  The  oath  or  affirmation  of  office, 
taken  by  the  canal  appraisers,  shall  be  filed  in  the  office  of  the 
secretary  of  state.1 

§  421.  (1857,  ch.  538,  §  1.)  The  three  canal  appraisers  to  be 
appointed  next  after  the  passage  of  this  act  shall  hold  office  as 
follows :  one  for  the  term  of  one  year,  one  for  the  term  of  two 
years,  and  one  for  the  term  of  three  years,  pursuant  to  the  fol- 
lowing determination :  the  commissioners  of  the  canal  fund 
shall  meet  at  the  capitol  within  ten  days  after  such  appoint- 
ment shall  be  made,  and  determine  by  lot,  which  of  said  ap- 
praisers shall  hold  his  office  for  one  year,  which  for  two  years, 
and  which  for  three  years ;  and  the  terms  of  office  of  such 
appraisers  shall  respectively  expire  as  the  same  shall  so  be 
determined  by  lot,  a  certificate  of  which  determination  shall 
be  filed  by  said  commissioners  of  the  canal  fund  forthwith  in 
the  office  of  the  secretary  of  state ;  and  there  shall  be  ap- 
pointed annually  thereafter,  one  canal  appraiser  in  the  manner 
now  provided  by  law,  whose  term  of  office  shall  be  for  three 
years. 


§  422.  (1872,  oh.  733,  §  2.)  For  the  canal  appraisers, 

for  additional  compensation  for  the  current  fiscal  year,  to  each 
of  them,  the  sum  of  three  thousand  dollars;  and  from  and 
after  the  first  of  October,  eighteen  hundred  and  seventy-two, 
the  salary  of  said  officers  is  hereby  fixed  at  five  thousand  dollars 
each,  in  full  of  all  compensation  for  their  services  ;  *  *  * 

§  423.  (1841,  oh.  238,  §  2 ;  amended  1848,  ch.  162.)  The 
Eeapaidsout  compensation  provided  by  law  to  canal  appraisers,  the  expense 
of  their  clerk  hire,  of  postage,  of  recording  transcripts,  of  the 
entry  of  their  decisions,  and  any  other  expense  necessarily 
incurred  by  them  shall  hereafter  be  paid  by  the  [auditor]  out 
of  the  canal  revenues,  and  shall  be  charged  to  the  several 
canals  on  whose  account  such  expenses  shall  be  incurred. 


Canal  ap- 


De  pa 
of  canal 
revenues. 


OF  THE  CANAL  APPRAISERS.  205 

§  424.  (Same  ch.,  §  3  ;  amended  1848,  ch.  162.)  The  commis-  Allowance 
sioners  of  the  canal  fund  may  allow  and  [the  auditor]  pay  out  retSto8 
of  the  canal  revenues,  to  any  person  who  may  have  been  a  *' 
canal  appraiser,  a  reasonable  compensation  for  making  returns 
to  appeals  after  he  shall  have  ceased  to  hold  such  office. 

§  425.  (R.  8.,  §  46.)     "When  any  lands,  waters  or  streams,  Their 
appropriated  by  the  canal  commissioners,  to  the  use  of  the  3  Kern, 
public,  shall  not  be  given  or  granted  to  the  state,  it  shall  be  Y^?' 
the  duty  of  the  appraisers  to  make  a  just  and  equitable  esti-  Hlll>  369' 
mate  and  appraisement  of  the  damages,  and  benefits,  result- 
ing to  the  persons  interested  in  the  premises  so  appropriated, 
from  the  construction  of  the  work,  for  the  purpose  of  mak- 
ing which  such  premises  shall  have  been  taken. 

§  426.  (ft.  S.j  §  47.)     It  shall  be  their  duty,  for  that  pur-  TO  meet, 
pose,  to  meet  at  such  times  and  places  as  they  may  deem  dence,  etc. 
necessary,  and  as  nearly  in  the  vicinity  of  the  premises,  as 
conveniently  may  be,  and  hear  such  proper  and  relevant  evi- 
dence as  shall  be  offered;  and  they  are,  for  that  purpose, 
empowered  to  administer  oaths  to  witnesses. 

§  427.  (1829,  ch.  368,  §  1.)  It  shall  be  the  duty  of  the  canal  Powers 
appraisers  personally  to  view  the  premises  on  which  damages  ai 
shall  be  claimed,  and  to  meet  at  such  times  and  places  as  they 
may  deem  necessary,  and  as  nearly  in  the  vicinity  of  the 
premises  as  conveniently  may  be,  and  hear  such  proper  and 
relevant  evidence  as  shall  be  offered,  and  direct  the  attend- 
ance of  witnesses  in  behalf  of  the  state,  if,  in  their  opinion, 
the  interest  of  the  state  shall  require  it ;  and  they  are,  for 
that  purpose,  empowered  to  administer  oaths  to  witnesses; 
and  willful  swearing  before  the  said  appraisers  is  hereby 
declared  perjury. 

§  428.  (Same  ch.,  §  2.)     It  shall  be  their  duty  to  enter  in  a  Record  of 
book,  to  be  kept  for  that  purpose,  the  nature  and  extent  of  all  decisions, 
claims  on  which  they  shall  pass,  the  items  on  which  allowances 
are  made,  and  the  several  amounts  allowed,  and  the  items  on 
which  no  allowance  is  made ;  and  they  shall  enter  at  length 
the  testimony  taken,  and  the  grounds  and  reason  for  their 
decision. 


206 


OF  THE  APPRAISEMENT  OF  DAMAGES. 


Claims 
for  dam- 
ages, when 
to  be  filed. 
9  Barb.  466 ; 
15  ib.  637 ; 
4  Go  mat.  66. 


Former 
damages. 
15  Barb. 
643;  1 
Kern.  308; 
9  Barb. 
496. 


Subpoenas. 


Form  of. 


§  429.  (JR.  8.,  §  48 ;  amended  1866,  ch.  836,  §  5.)1  Every 
person  interested  in  premises  so  appropriated,  and  every  per- 
son who  shall  claim  to  have  sustained  damages  by  reason  of 
the  temporary  appropriation  of  his  lands  or  waters,  or  any 
injury  caused  by  the  canals  of  this  state,  or  the  works  con- 
nected there  with, _  if  he  intend  to  claim  such  damages,  shall 
within  one  year  after  such  premises,  lands  or  waters  have 
been  taken  permanently,  appropriated  or  temporarily  occu- 
pied, and  within  one  year  after  jurisdiction  shall  be  conferred 
upon  the  canal  appraisers  by  the  legislature,  to  hear  such 
other  injury,  file  in  the  office  of  the  canal  appraisers  a 
detailed  statement  of  his  claim  in  writing,  signed  by  himself, 
his  guardian  or  his  agent,  specifying  in  as  particular  a  manner 
as  the  nature  of  the  case  will  admit,  the  extent  of  his  interest 
in  the  premises  appropriated,  and  the  nature  and  amount  of 
damages,  which  claim  shall  be  verified  in  the  same  manner  as 
pleadings  are  now  required  by  law  to  be  verified.* 

§  430.  (R.  8.,  §  49.)  No  claim  for  damages,  for  premises 
that  shall  have  been  appropriated  to  the  use  of  a  canal,  at  any 
time  before  this  chapter  shall  be  in  force,  shall  be  received  by 
the  appraisers,  unless  it  shall  be  exhibited  within  one  year 
after  this  chapter  shall  become  a  law  (January  1st,  1828);  and 
the  premises  so  appropriated  shall  be  deemed  the  property  of 
the  state ;  and  no  claims,  other  than  those  so  exhibited,  shall 
be  paid  without  the  special  direction  of  the  legislature. 

§  431.  (1829,  ch.  48,  §  5.)  Either  of  the  canal  commission 
ers,  or  appraisers  of  damages,  may  issue  subpoenas  to  compel 
the  attendance  of  witnesses  before  tlje  board  of  appraisers  to 
give  testimony  in  relation  to  any  matter  depending  before  such 
board,  under  the  provisions  of  article  third,  of  title  ninth,  of 
chapter  ninth,  of  the  first  part  of  the  Revised  Statutes. 

§  432.  (Same  ch.,  §  6.)  Such  subpoenas  may  be  in  the  same 
form,  as  near  as  may  be,  as  subpoenas  issued  by  justices  of  the 
peace,  and  may  require  the  attendance  of  any  person  residing 


1  The  amendment  is  made  to  §  84,  R.  S.,  Art.  3,  etc.  There  is  no  £  84  in 
Art.  3.  It  was  evidently  intended  to  be  made  to  R.  S.,  §  48,  which  is 
printed  as  §  84,  in  the  5th  Ed.  R.  S. 

*See  report  of  attorney-general,  canal  board  proceedings,  1873,  page  100, 
for  a  construction  of  this  section,  upon  claims  barred  by  lapse  of  time. 


OF  THE  CANAL  APPRAISERS.  207 

in  the  county  where  the  same  may  be  returnable,  or  in  the 
adjoining  county. 

§  433.  (1836,  oh.  287,  §  2.)     Every  person  appearing  as  a  witness 
witness  in  pursuance  of  the  command  of  any  subpoena  issued  fees* 
by  a  canal  appraiser,  shall  be  entitled  to  the  same  fees  as  are 
allowed  to  witnesses  for  attending  courts  of   record  in  civil 
suits,  to  be  paid  by  the  claimants  for  damages,  if  subpoenaed 
on  their  part,  or  by  the  canal  commissioners,  if  subpoenaed  on 
the  part  of  the  state. 

§  434.  (Same  ch.,  §  3.)     Every  person  neglecting  to  appear,  Penalties 
in  pursuance  of  the  command  of  any  such  subpoena,  without  attend-" 
good  cause  for  such  non-appearance,  or  when  appearing,  shall  *' 
refuse  to  be  sworn  or  to  testify,  shall  forfeit  the  sum  of  fifty 
dollars,  to  be  recovered  with  costs  of  suit  before  any  court 
having  cognizance  thereof.     If  subpoenaed  by  the  claimant  for 
damages,  to  be  sued  for  and  recovered  by  such  claimant,  in  his 
name  and  for  his  use ;  if  subpoenaed  to  attend  in  behalf  of  the 
state,  to  be  sued  for  and  recovered  in  the  name  of  the  people 
of  this  state,  for  the  benefit  of  the  canal  fund. 

§  435.  (Same  ch.,  §  4 ;  amended  1866,  ch.  836,  §  6.)    It  shall  canaicom 
be  the  duty  of  the  canal  appraisers  to  notify  the  acting-  canal  to  be 

•     •  •         i.  t •  J[      T  *•  i  u-   i      j  notified. 

commissioner  in  charge  of  the  line  ot  canal  on  which  dam- 
ages are  to  be  appraised,  of  the  time  and  place  of  the  meeting 
of  the  appraisers  to  view  the  premises  and  take  testimony  in 
relation  to  such  appraisals.  Such  notice  shall  be  given  by 
indorsing  the  same  in  an  envelope  and  depositing  it  in  the 
post-office,  directed  to  such  commissioner  at  his  office,  at  least 
eight  days  prior  to  the  time  of  such  meeting,  and  they  shall 
also  give  the  like  notice  to  the  claimant,  if  the  residence  of 
such  claimant  shall  be  known  to  the  appraisers ;  and  in  case 
any  claimant  shall  neglect  or  refuse  to  bring  his  claim  to  a 
hearing  before  the  appraisers,  at  the  time  and  place  specified 
in  such  notice  (unless  upon  good  cause  shown,  excusing  such 
default),  the  appraisers  shall  have  power  to  examine  the  prem- 
ises and  hear  said  claim  ex  parte,  and  to  decide  the  same, 
and  to  make  such  award  therein  as  shall  appear  to  them  just. 

§  436.  (Same  ch..  §  5  ;  amended  1855,  ch.  535,  §  4.)    It  shall  Duty  of 

.     .  .  canal  com 

be  the  duty  of  one  of  the  acting  canal  commissioners,  in  per- 
son  or  by  agent,  to  attend  in  behalf  of  the  state,  before  the 
canal  appraisers,  and  procure  or  request  the  attendance  and 


208  OF  THE  APPRAISEMENT  OF  DAMAGES. 

examination  of  witnesses  on  the  part  of  the  state,  and  if,  in 
the  opinion  of  the  canal  appraisers,  the  interests  of  the  state 
require  it,  they  may  employ  counsel  on  behalf  of  the  state,  on 
the  hearing  of  claims  for  damages  before  them.1 

Decisions  §  437.  (Same  <$.,  §  6 ;  amended  1866,  ch.  836,  §  7.)  It  shall 
trfais.ew  be  the  duty  of  the  canal  appraisers  to  decide  upon  claims  for 
damages  from  the  information  obtained  by  them  in  viewing 
the  premises,  and  from  the  evidence,  if  any,  received  by  them 
from  witnesses;  and  the  said  appraisers  shall  have  power, 
upon  application  to  them  by  the  claimant  or  by  the  canal  com- 
missioners, within  thirty  days  after  the  award  shall  have  been 
recorded  in  the  office  of  the  appraisers,  and  notice  thereof 
given  to  the  claimant  and  the  commissioner,  to  order  a  new 
trial  in  cases  of  surprise  or  newly- disco vere  devidence,  or  in 
cases  where  material  errors  have  been  committed  on  the  first 
hearing. 


•6* 


Canal  com-      §  438.  (Same  ch.,  §  8.)    No  canal  commissioners  shall  liere- 

not  to  vote  after  be  associated  with  the  canal  appraisers  in  the  appraisal 

'  of  damages,  nor  shall  any  canal  commissioner,  who  shall  have 

attended  in  behalf  of  the  state,  before  the  appraisers,  on  the 

hearing  of  a  claim  for  damages,  have  any  voice  as  a  member 

of  the  canal  board,  in  the  final  decision  of   such  claim  on 

appeal. 

Quorum.  §  439.  (Same  ch.,  §  9.)  It  shall  be  the  duty  of  each  of  the 
7  Cow.  536.  appraj8erg  to  attend  the  meetings  to  be  held  for  the  appraisal 
of  damages ;  but  any  two  of  them  may  perform  any  of  the 
duties  required  of  appraisers  of  damages,  provided  that  the 
decision  and  determination  on  each  claim,  shall  be  concurred 
in  by  at  least  two  of  the  appraisers. 

custody  of  §440.  (Same  ch.,  §  7;  amended  1849,  ch.  352,  §  6.)  It 
shall  be  their  duty  to  deposit  the  books  and  papers  in  relation 
to  the  appraisal  of  damages,  when  not  required  to  be  used  by 
them  in  the  discharge  of  their  duties  as  appraisers,  in  [the 
apartmeat  of  the  canal  appraisers]  for  safe  keeping. 

DO.  §  441.  (1849,  ch.  352,  §  6.)      All  the  books,  records  and 

papers,  relating  to  canal  damages,  or  their  appraisal,  in  the 
comptroller's  office,  and  in  the  particular  care  and  keeping 

1  See  Art.  2,  ante;  note  to  §  283. 


OF  THE  CANAL  APPRAISERS.  209 

of  the  auditor  of  the  canal  department,  except  the  books, 
papers,  and  proceedings  of  the  canal  board,  and  those  relating 
thereto,  shall  be  transferred  to  and  remain  in  the  apartment 
of  the  canal  appraisers,  and  in  their  charge  and  keeping. 

§  442.  (12.  £,  §  50.)     A  regular  entry  of  every  determina-  Record  of 
tion  and  appraisement  made  by  the  appraisers,  certified  and  ^Barb?8' 
signed  by  the  appraisers  making  it,  and  containing  an  apt  and  y!^1; N' 
sufficient  description   of   the  premises   so   appropriated,  the  526. en 
names  of  the  persons  interested,  and  the  sums  estimated  to 
each,  for  benefits  and  damages,  shall  be  made  in  a  book  kept 
for  that  purpose,  by  the  canal  commissioners. 

§  443.  (R.  S.,  §  51 :  amended  1855,  ch.  535,  §  2.)    A  tran-  Record  of 

J    V     il.  •  l.  «   v     transcript. 

script  of  every  such  entry,  signed  by  the  appraisers,  shall  be  3  Kern.  244. 
recorded  in  the  clerk's  office  of  each  county  in  which  the 
premises  appropriated  shall  in  whole  or  in  part  be  situated. 

§  444.  (R.  8.,  §  52.)      The  fee  simple  of  all  premises  so  Right  of 
appropriated,  in  relation  to  which,  such  estimate  and  appraise-  15Barb. 
ment  shall  have  been  made  and  recorded,  shall  be  vested  in  643- 
the  people  of  this  state. 

§  445.  (R.  /£,  §  53.)     If  the  damages,  so  estimated  and  Payment 

0  for  dam- 

appraised,  shall  exceed  the  benefits,  it  shall  be  the  duty  of  the  ages. 
canal  commissioners  to  pay  the  amount  of  such  excess  of  the 
damages,  to  the  persons  appearing,  by  the  determination  of 
the  appraisers,  to  be  thereto  entitled ;  but  no  such  payment 
shall  be  made,  where  an  appeal  or  writ  of  error  shall  be 
prosecuted  by  the  canal  commissioners,  until  a  final  decision 
on  the  appraisement  shall  have  been  had.1 

§  446.  (R.  8.,  §  58.)  When  damages  shall  be  claimed  by  the  what 

.      .  in   damages 

owner   of   any   land   which    the    canal   commissioners    shall  may  be ^ 
have  occupied  for  temporary  purposes,  or  on  which  they  shall  agree- 
have  entered  for  the  purpose  of  obtaining  material  for  repairs,  3  Kern,  m 
the  acting  commissioner  on  the  line  of  the  canal  nearest  to  which 
the  land  shall  be  situate,  or  any  engineer  or  superintendent  of 
repairs  authorized  by  him,  may  fix  by  agreement  the  amount 
of  damages  which  such  owner  ought  to  receive." 

1  Appeals  may  be  brought  by  state  officers  without  security.  1861,  ch. 
288.  See  ante,  %  100. 

8R.  S.,  §  59  to  §  67  of  this  chapter,  relating  to  certain  proceedings  before 
appraisers  to  be  chosen  from  discreet  freeholders  in  the  county,  etc.,  for  the 

27 


210 


OF  THE  APPRAISEMENT  OF  DAMAGES. 


8  Kern. 
Barb.  657. 


Proceed- 
ings on 
appraisal. 


(1836>  cjl-  28^  §  100  When  damages  shall  be  claimed 
^7  *^e  owner  °f  any  lands,  waters  or  streams,  which  the  canal 
commissioners  shall  have  occupied  for  temporary  purposes,  in 
the  construction  or  improvement  of  any  state  canal,  or  other 
works  connected  therewith,  or  on  which  they  shall  have  en- 
tered for  the  purpose  of  obtaining  materials  for  the  construc- 
tion or  improvement  of  such  canal,  or  other  works  connected 
therewith,  such  damages,  if  not  settled  by  agreement,  shall  be 
appraised  by  the  canal  appraisers. 

§  448.  (Same  ch.,  §  11.)  The  proceedings  in  relation  to  the 
appraisal  of  such  damages  shall  be,  in  all  respects,  the  same  as 
the  proceedings  in  relation  to  the  appraisal  of  damages  for 
lands,  streams  or  waters  appropriated  by  the  canal  commis- 
sioners to  the  use  of  the  public  ;  except  that  no  transcript 
of  such  appraisal  shall  be  recorded  in  the  clerk's  office  of  any 
county.1 

§  449.  (1830,  ch.  293,  §  1.)  When  any  lands  are  overflowed 
by  the  erection  of  any  dam  by  the  canal  commissioners  on  any 
river  or  stream  connected  with  the  public  works,  it  shall  be 
the  duty  of  the  canal  appraisers  to  make  a  just  and  equitable 
appraisement  of  the  damages  sustained  by  the  owners  of  such 
lands. 

§  450.  (Same  cA.,  §  2.)  The  existing  laws  in  relation  to  the 
appraisement  and  payment  of  damages,  where  lands  are  ap- 
propriated by  the  canal  commissioners  to  the  use  of  the  public, 
shall  apply  to  the  appraisement  of  damages  sustained  by  the 
owners  of  the  lands  mentioned  in  the  foregoing  section. 

Land,  §  451.  (1849,  ch.  352,  §  1.)    Whenever  any  tract  or  parcel 

surveyed  e  of  land  shall  be  divided  by  the  location  or  enlargement  of  any 

"**  of  the  canals  of  this  state,  and  the  canal  board  shall  be  of 

opinion,  that  it  is  necessary  for  the  public  use,  to  take  and 

appropriate  either  portion  of   such  land,  the  canal  commis- 

sioner shall  cause  a  survey  and  map  of  such  portion  of  such 


Lands 
over- 
flowed. 


Proceed- 
ings. 


appraisal  of  temporary  damages,  seem  to  be  inconsistent  with,  and 
repealed  by  sections  10  and  13,  ch.  287,  Laws  of  1836,  and  are  therefore 
omitted.  See  §  447. 

1  §  12  of  this  act  repeals  so  much  of  part  1,  ch.  5,  R.  S.,  and  acts  of 
March  5th  and  May  24th,  1859,  relating  to  appraisal  of  damages  as  are  incon- 
sistent with  this  act.  See  note  to  §  446,  ante. 


OF  THE  CANAL  APPRAISERS.  211 

land  to  be  filed  in  the  office  of  the  clerk  of  the  county  where 
such  land  is  situated  and  thereupon  the  title  to  such  portion 
of  land  shall  vest  in  the  state  in  the  same  manner  as  other 
land  taken  by  the  state  for  the  construction  of  the  canal. 

§  452.  (Same  ch.,  §  2.)    The  owner  of   any  land  taken  by  Compensa- 
the  state,  as  provided  in  the  last  section,  shall  be  entitled  to  made  to 
compensation  and  damages  for  the  lands  so  taken,  to  be  ascer- 
tained and  appraised  in  the  same  manner  as  for  lands  taken 
and  appropriated  for  the  construction  of  the  canal. 

§  453.  (1837,  oh.  143,  §  1.)  Whenever  the  canal  appraisers  Land  not 

'  c  to  be  taken 

shall  appraise  any  land  embraced  within  the  survey  for  the  in  certain 

*  cases. 

enlargement  of  the  Erie  canal,  under  the  act  passed  May  11, 
1835,  entitled  "An  act  in  relation  to  the  Erie  canal,"  at  a 
higher  sum  than  in  the  opinion  of  a  majority  of  the  acting 
canal  commissioners,  shall  be  its  fair  value,  such  land  shall  not 
be  taken  by  the  state  for  the  purpose  of  enlarging  said  canal 
on  such  appraisal. 

§  454.  (Same  oh..  §  2.)  If  the  canal  commissioners  shall  not  Canal,  how 

^  '  "       '  to  be  im- 

be  able  to  procure  a  deed  or  deeds  in  fee  to  the  state  from  the  {£^£  ln 
owner  or  owners  of  such  land  at  such  prices  as  they  deem  to  casea- 
be  for  the  advantage  of  the  state  to  give  to  enable  them  to 
enlarge  the  canal  to  the  width  determined  upon  by  the  canal 
board,  they  shall  improve  said  canal  by  deepening  the  same 
seven  feet,  and  widening  the  same  as  they  may  think  proper, 
within  the  limits  of  the  land  originally  appropriated  and  sur- 
veyed for  the  use  of  said  canal. 

§  455.  (Same  ch.,  §  3.)  Where  the  surface  of  the  water  of  Receiving 

\  '  o       /  and  dls- 

said  canal  shall  be  less  than  the  width  determined  upon  by  the 
canal  board,  by  reason  of  the  commissioners  not  being  able  to 
procure  the  title  to  the  land  for  the  price  aforesaid,  no  boat 
shall  be  permitted  to  stop  on  said  canal  to  receive  or  discharge 
any  freight  or  passenger  under  a  penalty  of  twenty-five  dol- 
lars, to  be  prosecuted  and  recovered  against  the  captain  or 
owner  of  said  boat,  according  to  the  provisions  of  article 
seven,  title  nine,  chapter  nine,  of  the  first  part  of  the  Kevised 
Statutes. 


§  456.  (1839,  ch.  207,  §  ^amended  1840,  ch.  372,  §  1.)  The 
said  commissioners  are  also   hereby  authorized  in  all  cases,  bridges. 
where,  in  their  opinion,  the  same  can  be  done  consistent  with 


212  OF  THE  APPRAISEMENT  OF  DAMAGES. 

the  public  interest,  to  commute  with  the  owners  and  claimants 
of  bridges  over  the  [several  canals  of  this  state]  by  paying 
such  owner  or  claimant  such  sum  in  lieu  of  a  bridge  as  may 
be  agreed  upon  between  the  claimant  and  said  commissioners. 
And  in  all  cases  where  in  the  opinion  of  said  commissioners  a 
bridge  over  the  canal  ought  not  to  be  rebuilt,  and  the  sum  to 
be  paid  for  commutation  shall  not  be  agreed  upon  as  aforesaid, 
the  said  bridge  shall  not  be  built,  but  the  damages  sustained 
by  such  owner  or  owners  by  being  deprived  of  such  bridge,  and 
which  the  state,  under  all  the  circumstances,  ought  of  right  to 
pay,  shall  be  appraised  by  the  canal  appraisers  and  paid  by  said 
commissioners. 

set-off  §  457.  (Same  ch.,  §  5.)  In  all  cases  where  damages  shall  be 

damages,  claimed  for  being  deprived  of  a  bridge  which  the  claimant 
had  before  constructed  or  maintained,  the  circumstance  of  his 
being  equitably  bound  to  contribute  toward  the  construction 
and  maintenance  of  an  enlarged  bridge,  a  sum  equal  to  the 
expense  of  the  maintenance  of  a  bridge  proportioned  to  the 
size  of  the  original  canal,  shall  be  taken  into  consideration  by 
the  appraisers,  and  a  proper  amount  on  that  account  shall  be 
set  off  against  any  damages  to  which  the  claimant  might  other- 
wise be  entitled. 


Appraise-  §  ^«*8.  (Same  cA.,  §  6.)  The  proceedings  in  relation  to  the 
immt,  how  apprai8ement  of  such  damages,  shall  be  in  all  respects  the 
same  as  the  proceedings  in  relation  to  the  appraisal  of  damages 
for  lands,  streams  or  waters  appropriated  by  the  canal  commis- 
sioners to  the  use  of  the  public  ;  and  appeals  from  such  ap- 
praisement may  be  made  in  the  same  manner. 

GENERAL   ACT,    RULES,    ETC. 

General          §  4:59.  (1870,  ch.  321,  §  1.)     Jurisdiction  is  hereby  granted 

fzingUap-°r  to  and  conferred  upon  the  canal  appraisers  to  hear  and  deter- 

Eearand  °  mine  all  claims  against  the  state,  of  any  and  all  persons  and 

certain1116  corporations  for  damages  alleged  to  have  been  sustained  by 

damages,    them  from  the  canals  of  the  state,  or  from  their  use  and  man- 

agement, or  resulting  or  arising  from  the  negligence  or  conduct 

of  any  officer  of  the  state  having  charge  thereof,  or  resulting 

or  arising  from  any  accident  or  other  matter  or  thing  connected 

with  the  canals  ;  but  no  award  shall  be  made  unless  the  facts 

proved  shall  make  out  a  case  which  would  create  a  legal  lia- 

bility against  the  state,  were  the  same  established  in  evidence 

in  a  court  of  justice  against  an  individual  or  corporation  ;  and 


GENERAL  ACT,  RULES,  ETC.  213 

in  case  such  legal  liability  shall  be  satisfactorily  established, 
then  the  appraisers  shall  award  to  the  claimant  such  sum  as 
shall  be  just  and  equitable,  subject,  however,  to  the  right  of 
appeal  to  the  canal  board  in  all  cases,  in  the  manner  now  pro- 
vided by  law  ;  provided  that  the  provisions  of  this  act  shall 
not  extend  to  claims  arising  from  damages  resulting  from  the 
navigation  of  the  canals. 

§  460.  (Same  ch.,  §  2.)     The  claimants  shall  file  their  claims  Claims, 

,  -i          /u  /?  ,  -I  i  .  .  ,  .  when  to  be 

in  the  omce  01  the  canal  appraisers  within  two  years  from  the  med> 
time  said  damages  shall  have  accrued,  but  claims  for  damages 
which  shall  have  accrued  more  than  one  year  prior  to  the 
passage  of  this  act,  shall  be  filed  within  one  year  from  the  date 
hereof.  The  canal  appraisers  are  '  hereby  authorized  and 
required  to  employ  counsel  on  behalf  of  the  state,  on  the  hear- 
ing of  such  claims,  as  may  be  necessary  to  protect  the  interests 
of  the  state.  All  acts  or  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed.1 

§  461.  (Same  ch.,  §  3.)     The  said  board  of  canal  appraisers  Topre- 
shall  prescribe  rules  as  to  the  form  and  manner  in  which  claim- 


ants  shall  make  out  and  verify  their  statement  of  claims  ;  and  Ings.661 
they  shall  provide  a  general  rule  for  the  taking  of  evidence 
when  the  witness  shall  not  be  examined  orally  before  said 
board,  and  for  reducing  to  writing  and  preserving  said  evidence 
when  taken.  The  said  board  is  hereby  authorized  to  issue 
subpoenas  for  the  attendance  of  witnesses,  and  shall  have  power 
to  compel  their  attendance  by  attachment,  and  to  punish  them 
for  contempt  in  the  same  manner  as  is  now  provided  by  law  in 
relation  to  courts  of  record  ;  and  the  said  board  shall  also  have 
power  to  administer  oaths  to  witnesses  and  to  issue  commissions 
for  the  examination  of  witnesses  residing  out  of  the  state.* 

1  Ch.  668,  of  1871,  relating  to  payment  of  counsel  by  the  auditor  was  re- 
pealed, 1872,  ch.  826. 

9  The  following  rules  for  making  out  and  verifying  claims,  were  pre- 
Hfribed  by  the  canal  appraisers  under  this  section  : 
STATE  OF  NEW  YORK. 

OFFICE  OF  THE  BOARD  OF  CANAL  APPRAISERS,) 
ALBANY,  N.  T.,  May,  1870. 

The  canal  appraisers  of  the  state  of  New  York,  do  hereby  prescribe  and 
establish  the  following  rules  as  to  the  form  and  manner  in  which  claimants 
shall  make  out  and  verify  their  statement  of  claims. 

The  statement  of  claim  to  be  filed  in  the  office  of  the  appraisers  shall 
contain  : 

1st.  The  full  name,  residence  and  post-office  address  of  each  claimant; 


214 


Appeal  to 

canal 

board. 


OF  THE  APPRAISEMENT  OF  DAMAGES. 

APPEALS,  NEW   TRIALS,  ETC. 

§  462.  (1829,  ch.  368,  §  3.)  Every  person  having  exhibited 
a  claim  for  damages  to  the  appraisers,  or  the  canal  commis- 
sioners, where  they  shall  deem  the  interest  of  the  state  to 
require  it,  may  enter  an  appeal  from  the  decision  of  the 
appraisers  on  such  claim,  to  the  canal  board,  who  shall  pro- 
ceed to  reverse,  affirm  or  modify  the  appraisement,  as  in  their 
opinion  justice  shall  require ;  and  their  decision  shall  in  all 
cases  be  final  and  conclusive. 


HOW  made  §  463.  (Same  ch.,  §  4.)  Every  such  appeal  shall  be  made  in 
served.  writing,  stating  briefly  the  grounds  on  which  the  appeal  is 
made ;  if  made  by  the  canal  commissioners,  one  copy  of  the 
appeal  shall  be  served  on  the  canal  appraisers,  and  another  on 
the  party  claiming  damages,  his  guardian  or  agent,  either 
personally  or  by  leaving  the  same  at  his  usual  place  of  abode ; 
if  made  by  the  party  claiming  damages,  one  copy  of  said 
appeal  shall  be  served  on  the  appraisers,  or  one  of  them,  and 
another  on  the  canal  commissioners. 

Decisions        §  464.  (Same  ch.,  §  5.)    It  shall  be  the  duty  of  the  canal 

be  filed.       appraisers,  within  thirty  days  after  any  claim  is  decided  upon, 

to  make  a  transcript  of  the  entry  of  such  decision,  and  file 

the  same  in  the  clerk's  office  of  the  county  in  which  the 


and  if  the  claim  shall  have  been  assigned,  the  full  name,  residence,  and 
post-office  address  of  each  and  every  assignor  of  such  claim,  and  the  date  of 
each  assignment. 

3d.  A  plain  and  concise  statement  of  the  facts  constituting  the  claim,  and 
the  time  and  place  at  which  it  originated. 

3d.  A  bill  of  particulars,  specifying  each  item  for  which  damage  is 
claimed. 

4th.  A  statement  whether  the  claim  or  any  part  thereof  has  been  pre- 
sented to  a  canal  commissioner,  or  to  the  canal  board,  for  settlement  or 
for  adjudication  ;  and  in  case  the  claim,  or  any  part  thereof,  shall  have  been 
so  presented,  and  then  the  decision  thereon,  and  when  and  by  whom  made, 
and  the  grounds  upon  which  it  is  claimed  a  rehearing  should  be  had. 

5th.  The  statement  of  claim  shall  be  verified  by  the  affidavit  of  the  claim- 
ant to  the  effect  that  the  same  is  true  to  the  knowledge  of  the  claimant, 
except  as  to  the  matters  stated  on  information  and  belief,  and  as  to  those 
matters  he  believes  it  to  be  true,  and  that  no  part  of  the  claim  has  been 
paid,  or  heard  and  decided  by  the  canal  appraisers. 

SAMUEL  NORTH, 

J.  GAY, 

GEO.  C.  GREENE, 

Canal  Appraisers. 


APPEALS,  NEW  TEIALS,  ETC.  215 

premises  passed  upon  are  situate  ;  and  in  all  cases  the  appeal  Appeal  to 
must  be  made,  and  the  proper  copies  served  within  three  wlthuT6 
months  from  the  time  such  transcript  is  filed  in  the  clerk's  months. 
office  as  aforesaid. 

§  465.  (1868,  oh.  579,  §  1.)     In  all  cases,  where  by  special  Appeals 
act  the  canal  appraisers  have  been  or  may  hereafter  be  author-  awl?ds 
ized,  to  hear  and  determine  any  claim  for  damages  resulting  special 
from  any  cause,  an  appeal  may  be  taken  to  the  canal  board 
from  the  decision  or  award  of  said  canal  appraisers,  by  the 
canal  commissioners  on  the  part  of  the  state,  or  by  any  claim- 
ant affected  by  such  award  or  decision.     The  canal  board  on 
such  appeal,  may  affirm,  reverse  or  modify  the  decision  or 
award  appealed  from,  and  their  decision  shall  be  final  and 
conclusive.1 

§  466.  (Same  ch.,  §  2.)     Such  appeal  shall  be  taken  within  when  to 

.  betaken. 

three  months  from  the  time  that  such  decision  or  award  shall 
have  been  made  and  entered, 

§  467.    (Same  cA.,   §  3.)       All   existing  laws  regulating  Proceed- 
appeals  from  the  decisions  of  the  canal  appraisers,  not  incon- 
sistent  with  the   preceding  section,  shall  apply  to  appeals 
under  this  act. 


§  468.  (1870,  cJi.  768,  §2.)      *     *     *     In  any  appeal  by 
the  canal  commissioners,  on  the  part  of  the  state,  from  a  decis-  missioner. 
ion  or  award  made   by  the  canal  appraisers,  the  notice  of 
appeal  may  be  signed  by  any  one  or  more  of  such  commis- 
sioners, and  the  signatures  of  all  shall  not  be  required. 

§  469.  (1829,  ch.  368,  §  6.)  The  appraisers  shall  make  a 
return  in  writing,  to  every  appeal  so  served  on  them,  setting 
forth  a  copy  of  the  claim  for  damages;  a  transcript  of  the 
evidence,  if  any  ;  the  items  on  which  allowances  were  made, 
and  the  several  amounts;  the  items,  if  any,  on  which  no 
allowance  was  made  ;  and  the  reasons  and  grounds  on  which 
their  decision  is  made. 

§  470.  (Same  ch.,  §  7.)     It  shall  be  the  duty  of  the  canal  canal  ^ 
board  to  meet,  from  time  to  time,  and  decide  on  all  cases  of  decide^ 

1  By  resolution  of  canal  board  (Proceedings,  1872,  p.  192),  it  was  "  Re- 
solved, that  in  the  opinion  of  this  board,  it  has  no  power  to  order  new  trials 
before  the  appraisers,  in  appeals,  from  awards  of  appraisers  under  special 
acts."  (Attorney-general  dissenting.) 


216  OF  THE  APPRAISEMENT  OF  DAMAGES. 

appeals  made  from  the  decisions  of  the  appraisers  ;  and  if,  in 
their  opinion,  the  interest  of  the  state  requires  it,  they  shall 
direct  the  attendance  of  the  appraisers,  or  either  of  them,  to 
give  evidence  in  relation  to  the  subject-matter  of  the  appeal  ; 
they  shall  decide  all  cases  of  appeal,  on  the  evidence  <>r 
information  contained  in  the  transcript  furnished  by  the 
appraisers,  and  the  evidence  of  the  appraisers,  if  any  la 
obtained. 

Decisions  §  471.  (1849,  ch.  352,  §  4  ;  amended  1866,  ch.  836,  §  8.) 
andmed.  e  Whenever  the  canal  board  shall,  upon  the  hearing  of  any 
appeal  from  the  award  of  the  canal  appraisers,  reverse  or 
modify  such  award,  they  shall  state  on  the  resolution  or  order 
relating  to  said  appeal,  the  grounds  of  such  reversal  or  modi- 
fication, and  how  much,  if  any,  such  award  is  increased  or 
diminished,  and  a  copy  of  such  resolution  or  order  shall  be 
immediately  filed  with  the  canal  appraisers,  and  also  a  copy 
New  trials,  of  every  resolution  or  affirmance.  The  canal  board  shall  also 
have  power  to  order  a  rehearing  before  the  canal  appraisers, 
in  the  nature  of  a  new  trial  before  the  canal  appraisers.1 

Rehearing  §  472.  (1840,  ch.  201.)  The  canal  board  are  hereby  author- 
granted.  ized  to  grant  a  rehearing,  in  any  case  they  now  are,  or 
may  hereafter  be,  authorized  to  adjudicate,  whenever,  in  their 
judgment,  the  justice  of  the  case  may  require  it  ;  but  no 
party  shall  be  entitled  to  but  one  rehearing,  and  the  adjudica- 
tion upon  such  rehearing  shall  be  final  and  conclusive  ;  but 
no  such  rehearing  shall  be  granted,  unless  application  in  writ 
ing  shall  be  made  therefor,  within  sixty  days  after  such  case 
shall  have  been  adjudicated  by  the  said  board. 

Certiorari        §  473.  (1840,  ch.  288,  §  16.)     The  commissioners  of  the 
canal  fund  or  the  canal  commissioners  may  in  their  discretion 


appraisers,  cause  a  certiorari  to  be  brought  by  the  attorney-general,  in 
behalf  of  the  state,  from  the  determination  of  the  canal 
appraisers  upon  any  legal  or  constitutional  question,  to  the 
supreme  court,  in  cases  where  any  damages  have  been  or  shall 
be  awarded  upon  any  claim  for  the  deprivation  of  any  right, 
or  pretended  right,  to  the  use  of  any  water  or  water  privi- 
leges or  fisheries,  or  for  the  temporary  use  or  diversion  of  any 
water  by  the  canal  commissioners. 

1  See  note  to  §  465,  ante,  and  24  N.  Y.  583. 


APPEALS,  NEW  TRIALS,  ETC.  217 

§  474.  (Same  ch.,  §  IT ;  amended  1847,  ch.  280,  and  Cod^  Proceed- 
§§  11  and  457.)  Such  certiorari  shall  be  brought  within  the  on? 1 
time  prescribed  by  law  in  reference  to  appeals  in  similar 
cases  to  the  canal  board,  and  the  appraisers  shall  make 
a  return  in  writing  to  the  supreme  court  within  the  time  and 
containing  the  same  matters  as  required  in  cases  of  such 
appeals ;  and  the  supreme  court  shall  determine  such  certiorari 
on  such  returns  only,  or  upon  such  further  returns  as  the 
said  court  may  require,  and  may  set  aside  such  appraisal  for 
want  of  jurisdiction  in  the  appraisers,  or  for  any  error  com- 
mitted by  them  in  such  determination,  except  as  to  the 
amount  of  damages  awarded,  and  may  award  costs  in  their 
discretion ;  and  any  party  interested  may  bring  an  appeal  on 
the  judgment  of  the  supreme  court  on  such  certiorari,  to  the 
[court  of  appeals]. 

§  475.  (Same  ch.,  S  18.)     Such  certiorari,  or  any  -judgment  Not  to 

*    *.  prevent 

thereon,  shall  not  prevent  an  appeal,  as  now  provided  by  law,  ^^ 
to  the  canal  board,  in  respect  to  the  amount  of  any  damages 
awarded  by  the  canal  appraisers1 

§  476.  (1849,  oh.  352,  §  5.)    The  canal  appraisers  shall  make  canal  ap- 

>  '  fi  praisers  to 

an  annual  report  to  the  legislature  at  the  commencement  of 
the  annual  session  thereof,  which  shall  contain : 

1.  The  names  and  residences  of  the  several  claimants  who 
have  preferred  claims. 

2.  The  nature  of  the  claim  and  the  amount  claimed. 

3.  What  action  has  been  had  upon  each   and  the  reason 
thereof,  and,  if  an  award  has    been  made  the  nature  and 
amount  thereof. 

4.  Whether  an  appeal  has  been  taken  in  any  case,  and,  if 
the  appeal  has  been  decided,  the  nature  of  the  decision.8 

1  For  provisions  relating  to  proceedings  in  the  courts,  where  the  people  of 
the  state  are  a  party,  see  commissioners  canal  fund,  ch.  ix,  title  2,  §  97, 
etc.,  ante. 

8  As  to  time  of  making  report,  see  §  162,  ante. 


218  OF  THE  CANAL  BOARD. 


AETICLE  IY. 


OF   THE   CANAL   BOARD,    THEIR   POWERS   AND  DUTIES. 

SECTION  485.  Of  whom  to  consist. 

486.  Their  powers  and  duties. 


APPOINTMENTS   AND   REMOVALS. 

487.  To  appoint  or  remove  superintendents  of  repairs  and  collec- 

tors of  tolls,  and  fix  their  compensation. 

488.  May  direct  inquiry  into  the  truth  of  charges  against  officers 

employed. 

489.  Superintendents,  how  removed  by  commissioner. 

490.  Superintendents  to  give  constant  and  personal  attention  to 

their  duties. 

491.  Compensation  of   officers,  for  the  collection  of  tolls,  to  be 

fixed  when  appointments  are  made ;  not  to  be  changed  dur 
ing  the  year ;  no.  collector  to  employ  clerk  except  by  certifi- 
cate of  the  auditor. 

492.  Ten  inspectors  and  measurers  may  be  appointed. 

493.  They  are  authorized  to  administer  oaths. 

494.  Two  additional  inspectors  and  measurers  to  be  appointed  and 

located  in  New  York. 

495.  One  additional  at  Whitehall. 

496.  His  powers  and  duties. 

497.  One  additional  at  Oswego  ;  his  powers  and  duties. 

TOLLS. 

498.  To  fix  rates  of  toll,  regulate  their  collection,  and  impose  for- 

feitures. 

499.  Rates  of  tolls  to  be  uniform  on  all  the  canals. 

500.  Not  to  be  reduced  below  toll-sheet  of  1852,  except  by  concur- 

rence of  the  legislature. 

501.  Tolls  on  Cayuga  inlet. 

502.  Tolls  oa  Albany  basin. 

503.  Tolls  on  Seneca  river,  above  Baldwinsville  dam. 

504.  Seneca  river  improvement  and  Baldwiusville  canal,  to   be 

under  control  of  the  canal  board  ;  tolls  on,  etc. 

505.  Tolls  on  Moose  river. 

506.  Tolls  on  Beaver  river. 

507.  Tolls  on  Mohawk  basin,  West  Troy. 

508.  Tolls  on  Oneida  river. 

509.  Tolls  on  Oneida  Lake  canal  and  feeder  to  be  a  part  of  canal 

fund. 

510.  Tolls  on  Oneida  lake. 

511.  Canal  board  to  designate  where  tolls  shall  be  deposited. 

512.  May   designate   where    su^er'ntendent    of    Onondago.     salt 
•  springs  shall  deposit  moneys. 


OF  THE  CANAL  BOARD.  219 

RULES    AND   REGULATIONS. 
SECTION  513.  To  make  certain  rules  and  regulations. 

514.  To  make  rules  and  regulations  in  respect  to  size  and  st*uc- 

ture  of  boats,  and  other  floats,  weighing  and  inspection  of 
boats  and  cargoes,  and  may  impose  forfeitures. 

515.  May  receive  a  specified  sum  as  a  commutation  for  tolls  upon 

passengers. 

516.  How  such  commutation  shall  be  paid. 

517.  Shall  prescribe  regulations  for  bringing  suits  for  penalties 

and  forfeitures ;  moneys  recovered  to  be  paid  to  treasurer. 

518.  When  penalty  or  forfeiture  does  not  exceed  fifty  dollars,  how 

recovered. 

519.  26th  and  27th  sections  of  R.  S.,  art.  2,  ch.  ix,  how  construed. 

520.  Copies  of  rules,  regulations  and  forfeitures,  to  be  printed  and 

distributed. 

521.  Rules,  regulations  and  forfeitures,  to  be  filed  in  canal  depart- 

ment; certified  copy,  by  auditor,  to  be  evidence  in  court 
of  law. 

522.  Reim's  champion  boat  scales  may  be  used  for  weighing  boats 

and  cargoes. 

523.  Appropriation  for  expense  of  testing. 

524.  May  remit  forfeitures. 

525.  When  and  how. 

526.  Shall  have  power  to  modify  or  reduce  penalties. 

527.  May  remit  penalties  in  certain  cases ;  application  to  be  made 

within  sixty  days  ;  how  to  be  made. 

528.  Contract  system  for  repairs  and  contracting  board  abolished. 

529.  Contractors  may  surrender  contracts  for  repairs. 

530.  Contracts  for  repairs  may  be  canceled  by  canal  board  upon 

recommendation  of  the  canal  commissioners. 

531.  Contractors  not  to  receive  compensation  for  prospective  dam- 

ages or  profits,  but  shall  be  paid  for  permanent  improve- 
ments, tools,  materials,  implements  and  money  earned. 

532.  Canal  board  to  adjust  the  amount  to  be  paid. 

533.  To  determine  the  method  or  system  by  which  repairs  shall 

be  made.     To  appoint  patrolmen,  etc. 

534.  To  make  rules  and  regulations  and  impose  penalties  and  for- 

feitures. 

ENLARGEMENT,  NEW  WORK  AND  EXTRAORDINARY  REPAIRS. 

535.  When  estimated  repairs  on  canals  less  than  $30,000  board 

may  execute  them  ;  when  more,  to  report  plan  and  estimate 
to  the  legislature. 

536.  Enlargement  of  locks  Erie  canal,  cost  of  how  payable. 

537.  Same  rule  applied  to  rebuilding  all  structures  on  the  Erie  canal. 

538.  Work  on  enlargement  Erie  canal  to  be  kept  distinct  from 

ordinary  repairs. 

539.  Not  to  make  extra  allowances  to   contractors.    May  cancel 

contracts. 

540.  Shall  not  cancel  contracts  for  enlargement  or  repairs  in  cer- 

tain  cases. 

541.  Canals  declared  completed  from  September  1st,  1862. 


220  OF  THE  CANAL  BOARD. 

SECTION  542.  Prohibited  from  changing  plan  of  completed  canals. 

543.  Contracts  to  provide  that  the  contractors  shall  pay  damages 

caused  by  his  default  or  neglect. 

PROCEEDINGS,  APPEALS,  ETC. 

544.  Authorized  to  administer  oaths. 

545.  May  require  the  attendance  of  witnessses  and  issue  subpoenas, 

546.  May  direct  payment  of  witnesses  ;  and  of  officer  serving  sub 

poenas. 

547.  Three  members  may  take  testimony  in  claims  for  extra  allow- 

ance. 

548.  Assent  of  five  members  requisite  for  the  adoption  of  resolu- 

tion involving  expenditure  of   public  moneys ;    ayes  and 
noes  to  be  entered  on  minutes. 

549.  Secretary  to  cause  minutes  to  be  published  in  daily  state 

paper  at  Albany. 

550.  Person  guilty  of  false  swearing  in  oath  before  board,  deemed 

guilty  of  perjury. 

551.  Return  to  appeals,  how  made. 

552.  Board  to  decide  on  appeals  from  appraisers'  awards. 

553.  May  grant  rehearing  in  certain  cases,  if  applied  for  within 

sixty  days. 

554.  May  reverse  or  modify  award.     May  order  rehearing  before 

appraisers. 

555.  May  order  sale  of  surplus  waters  in  certain  cases. 

APPROPRIATION  AND  SALE  OF  LAND. 

556.  May  take  and  appropriate  lands  divided  by  location  of  canals. 

Map  and  survey  to  be  filed  in  county  clerk's  office,  there- 
upon title  to  vest  in  the  state. 

557.  Damages,  to  be  appraised  by  the  appraisers. 

558.  May  determine  when   lands  taken  for  the  canals   shall  be 

sold. 

559.  Shall  determine  when  lands  have  been  abandoned  ;  commis- 

sioners of  land  office  to  sell  or  convey  ;  certain  rights  to  be 
reserved. 

560.  Original  owners  to  have  preference  of  purchase  for  one  year. 

561.  Act  of  1857,  ch.  257,  extended  to  certain  cases. 

562.  Not  to  apply  to  lands  heretofore  sold  or  to  Oswego  dry  docks. 

OF   THE   CANAL   BOARD. 

§  485.  (Const.,  Art.  Y,  §  5.)  The  canal  board  shall  consist 
of  the  commissioners  of  the  canal  fund,  the  state  engineer 
and  surveyor  and  the  canal  commissioners. 

Powers  §  486.  (JR.  <&,  §  68.)     There  shall  continue  to  be  a  canal 

and  duties.  koar(^  wno  sna]i  possess  the  powers,  and   discharge  the  duties 

enumerated  in  this  title,  or  which  shall  hereafter  be  by  law 

enacted  or  declared. 


APPOINTMENTS  AND  REMOVALS.  221 

APPOINTMENTS    AND    REMOVALS. 

§  487.  (B.  £.%§  69  ;  modified  1870.  ch.  55,  8  6.)     They  shall  APPoint- 

,  .    ,  .  ,     *  ment  of 

nave  power  to  appoint  so  many  superintendents  of  repairs,  officers, 
and  collectors  of  tolls  on  the  canals,  as  they  may  deem  neces-  29  N.  Y.  534; 

in  .LI.  •      ,i  27N.Y.387; 

sary,  to  supply  all  vacancies  that  may  occur  in  those  offices,  to  SSN.Y.SSO! 
remove  any  so  appointed   when   they  judge   such   removal 
proper,  and  to  determine  the  amount  of  compensation  which 
they  shall  respectively  receive.     *     *     *     l 

§  488.,.  (1841,  ch.  160,  §  3.)      The  canal  board  may  direct  charges 
the  district   attorney  of   the  proper  county  to  conduct  an 


inquiry  into  the  truth  of  any  charges  made  or  to  be  made  coifector, 
against  any  superintendent,  collector  or  other  officer  appointed  inquired 
or  employed  by  such  board,  or  by  the  canal  commissioners, 
and  the  same  proceedings  shall  be  had  thereon  in  all  respects 
as  provided  by  the  fourth  article  of  the  sixth  title  and  fifth 
chapter  of  part  first  of  the  Revised  Statutes,  in  relation  to 
charges  against  a  sheriff  or  county  clerk,  except  that  the  testi- 
mony so  taken  shall  be  transmitted  to  the  canal  board,  and 
the  necessary  expenses  of  any  such  inquiry  shall  be  certified 
by  the  canal  board  and  paid  by  the  commissioners  of  the  canal 
fund,  out  of  the  canal  revenues. 

§  489.  (1854,  ch.  332,  §  4.)     No  superintendent  of    canal  superin- 

•          inn  -i-i  i  •     •  j       •         tendents 

repairs  shall  be  removed  by  any  canal  commissioner  during  how  re- 
the  session  of  the  canal  board  ;  but  either  of  the  canal  com-  commis- 

•  *  T-  sioner. 

missioners,  when  a  recess  or  adjournment  of  the  canal  board 
shall  have  been  ordered,  or  shall  exist  for  more  than  five  days, 
may,  during  such  recess  or  adjournment,  remove  any  of  the 
superintendents  on  the  division  of  the  canals  of  which  he  has 
charge,  and  fill  the  vacancy  occasioned  by  such  removal,  to 
continue  until  the  order  of  the  canal  board  in  the  matter. 
And  the  commissioners  making  such  removal  shall,  without 
delay,  report  the  name  of  the  person  removed,  and  the  name 
of  the  person  appointed,  to  the  canal  department,  with  the 
reasons  for  making  such  removal.  On  receiving  such  report, 
the  auditor  shall  immediately  give  notice  to  the  members  of 
the  canal  board  of  a  meeting  of  such  board  to  consider  such 
report.  And  if  the  canal  board  shall  re-appoint  the  superin- 

1  The  limitation  of  the  salaries  of  superintendents  of  repairs  to  $1,000  per 
year  in  the  original  section  (R.  S.,  §  69),  is  removed  by  chapter  55  of  1870, 
§  6.  See  post,  %  533.  For  appointment  of  engineers  see  §  876,  post. 


222  OF  THE  CANAL  BOARD. 

tendent  so  removed,  he  shall  not  be  again  removed  by  a  canal 
commissioner. 

§  490.  (1851,  ch.  57,  §  1.)  Superintendents  appointed  by 
the  canal  board  on  the  several  canals  of  this  state,  shall  give 
their  personal  and  constant  attention  to  the  duties  of  their 
office. 

Compensa-  §  491.  (1859,  ch.  495,  §  5.)  The  canal  board  shall,  from 
axed  by e  year  to  year,  when  the  annual  appointments  are  made,  fix 
board.  and  determine  the  compensation  and  salaries  to  be  paid  to 
the  collectors  of  canal  tolls  and  their  clerks,  to  the  weighmasters 
and  their  assistants,  and  to  such  other  officers  and  agents  con- 
nected with  the  collection  of  tolls  on  the  canals  as  the  said 
board  are  or  may  be  authorized  to  appoint  or  employ,  which 
shall  not  be  increased  during  such  year.  No  clerks  shall  be 
employed  by  any  collector  of  tolls,  except  when  the  auditor  of 
the  canal  department  shall  certify  the  same  to  be  necessary  to 
enable  such  collector  to  perform  the  duties  of  his  office. 

Ten  in-  §  4:92.  (Same  ch.,  §  6.)     For  the  purpose  of  protecting  the 

andcmeas-  state  in  its  property,  revenue  and  tolls  on  the  canals,  the  canal 
appointed6  board  is  hereby  authorized  to  appoint  ten  inspectors  and  meas- 
urers of  lumber  and  timber,  and  of  boats  and  their  cargoes,  to 
be  located  at  such  points  and  places  on  the  canals  as  may  be 
deemed  most  expedient  to  accomplish  the  objects  of  the  ap- 
pointment. 

May  ad-          §  493.  (Same  ch.,   §   7.)      The   measurers  and  inspectors 

oath1.846      authorized  to  be  appointed  under  the  next  preceding  section, 

are  hereby  authorized  to  administer  oaths,  when  the  same 

becomes  necessary,  to  enable  them  to  discharge  the  duties  of 

their  respective  offices. 

TWO  ad-         §  494.  (1866,  ch.  836,  §  4.)  The  canal  board  is  hereby  au- 
fnspectore  thorized  to  appoint  two  additional  inspectors  and  measurers  of 
Srei4ntoabe  lumber  and  timber,  and  of  boats  and  their  cargoes,  to  be  located 
to^e1"     '  in  the  city  of  New  York,  who  shall  possess  all  the  powers  and 
New  York,  perform  all  the  duties  of  such  inspectors  and  measurers  located 
upon  the  canals  of  this  state,  and  may  receive  such  compensa- 
tion as  shall  be  allowed  by  the  canal  board,  not  exceeding  the 
compensation  paid  to  other  inspectors  and  measurers  employed 
upon  the  canals. 


APPOINTMENTS  AND  REMOVALS.  223 

8  495.  (1867,  ch.  71,  §  1.)     For  the  purpose  of  protecting  Additional 

cr.      {  e  inspector 

the  interests  of  the  state  in  its  property,  revenue  and  tolls,  the  at  white- 
canal  board  is  hereby  authorized  to  appoint  an  inspector  and 
measurer  of  lumber,  and  of  boats  and  their  cargoes,  at  White- 
hall, in  the  county  of  Washington,  who  shall  possess  all  the 
powers  and  perform  all  the  duties  now  imposed  by  law  upon 
such  officers,  and  receive  such  compensation  for  his  services  as 
may  be  fixed  by  the  canal  board.  In  addition  to  the  foregoing 
powers  and  duties,  the  said  inspector  shall  have  power  and  it 
shall  be  his  duty  to  regulate  and  station  all  vessels,  boats,  rafts 
and  other  craft  in  the  harbor  of  Whitehall,  within  the  corporate 
limits  of  the  village  of  Whitehall,  and  from  time  to  time  to 
remove  such  vessels,  boats  or  other  craft  as  may  not  be  em- 
ployed or  detained  in  discharging  or  receiving  cargoes  or  load- 
ing, to  accommodate  other  vessels,  boats  or  other  craft  to  load 
or  unload,  and  to  prevent  all  vessels,  boats,  rafts  and  other 
craft  from  obstructing  for  an  unreasonable  length  of  time,  the 
entrance  of  boats,  rafts  and  other  craft  into  the  Champlain 
canal  at  Whitehall  aforesaid. 

§  496.  (Same  ch.,  §  2.)  The  said  inspector  shall  have  power  Powers 
and  it  shall  be  his  duty  to  determine,  how  far  and  in  what 
instances  the  masters  and  others  having  charge  of  vessels,  boats 
or  rafts  shall  accommodate  each  other  in  their  respective  situa- 
tions and  locations  in  said  harbor ;  and  if  any  master  or  other  penalty, 
person  having  charge  or  control  of  any  vessels,  boats  or  rafts 
within  the  limits  aforesaid,  shall  neglect  or  refuse  to  obey  the 
directions  of  said  inspector  in  matters  within  his  authority,  or 
if  any  person  shall  resist  or  oppose  said  inspector  in  the  execu- 
tion of  the  duties  of  his  office,  such  person  or  persons  shall,  for 
every  such  offense,  forfeit  and  pay  the  sum  of  twenty -five  dol- 
lars, to  be  recovered  with  costs  in  the  name  of  the  people  of 
the  state  of  New  York,  in  any  court  having  cognizance  of  the 
same,  and  all  moneys  so  collected  shall  be  paid  over  to  the 
collector  of  canal  tolls  at  Whitehall  aforesaid,  \vho  shall  account 
for  and  pay  over  the  same  to  the  treasurer  of  this  state. 

§  497.  (1868,  ch.  859,  §  1.)  The  canal  board  is  hereby  inspector 
authorized  to  appoint  an  inspector  and  measurer  of  lumber 
and  timber,  and  of  boats  and  their  cargoes,  to  be  located  at 
Oswego,  New  York,  in  addition  to  the  inspectors  and  meas- 
urers now  authorized  by  law,  whose  powers,  duties  and  com- 
pensation shall  be  the  same  as  those  of  inspectors  and  measurers 


224 


Tolls. 


To  be 
uniform. 


OF  THE  CANAL  BOARD. 

whose  appointment  is  authorized  by  section  six  of  chapter  four 
hundred  and  ninety-five  of  the  laws  of  1859.1 

TOLLS. 

§  498.  (B.  S.,  §  70.)  The  canal  board  shall,  from  time  to 
time,  fix  the  rates  of  tolls  to  be  collected  on  the  canals,  and 
shall  prescribe  such  rules  and  regulations  relative  to  their  col- 
lection, and  impose  such  forfeitures  of  money,  for  the  breach 
thereof,  as  from  time  to  time  they  shall  judge  reasonable ; 
provided  no  forfeiture  for  a  single  offense  shall  exceed  the 
sum  of  twenty-five  dollars. 

§  499.  (1841,  oh.  160,  §  1.)  The  canal  board  shall  have 
power  from  time  to  time  to  fix  the  rates  of  toll  on  all  the 
canals  of  this  state,  or  any  portion  thereof,  which  has  or  may 
become  navigable,  so  as  to  make  them  uniform  and  corres- 
ponding with  those  charged  on  the  Erie  and  Champlain  canals, 
and  to  prescribe  regulations  for  the  collection  of  such  tolls, 
and  impose  forfeitures  of  money  for  the  breach  thereof,  in  the 
same  manner  as  now  provided  by  law  in  respect  to  the  com- 
pleted canals.8 


Not  to  be 
reduced 


§  500.  (Const.  Amdt.,  1854,  Art.  VII,  §  3.)    '  The 

except1^3'  rates  of  toll  on  persons  and  property  transported  on  the  canals 
rencefof      shall  not  be  reduced  below  those  for  the  year  one  thousand 
ture!egisla~  eight  hundred  and  fifty-two,  except  by  the  canal  board  with 
the  concurrence  of  the  legislature.     *     *     * 

1  The  canal  board  in  1869  (Proceedings,  p.  173,)  recommended  the  passage 
of  a  law  for  the  appointment  of  six  more  inspectors. 

J  For  previous  legislation  relating  to  tolls  on  the  lateral  canals,  see  Che- 
mung  canal,  Laws  1829,  ch.  135 ;  1832,  ch.  164 ;  1841,  ch.  219.  Crooked 
Lake  canal,  Laws  1829,  ch.  120.  Chenango  canal,  Laws  1833,  ch.  32  ;  1839, 
ch.  262.  Black  River  canal  and  Erie  canal  feeder,  1836,  ch.  157.  Oneida 
River,  Lake,  canal,  etc.,  1839,  ch.  284;  1841,  ch.  238  ;  1846,  ch.  325. 

3  See  concurent  resolutions  of  legislature  relative  to  tolls,  viz. :  Laws  of 
1854,  p.  1107,  tolls  reduced  on  certain  articles;  1859,  p.  1210,  reduced  toll 
sheet  approved  ;  1862,  p.  999,  tolls  reduced  on  certain  articles ;  1862,  p.  1000, 
tolls  reduced  on  certain  articles  ;  1866,  p.  2140,  toll  reduced  on  iron  ore  ; 
1870,  p.  2149,  "  Resolved,  that  the  legislature  do  concur  in  the  recom- 
mendation of  the  canal  board,  and  assent  to  the  reduction  of  canal  tolls  to 
such  an  extent,  not  exceeding  fifty  per  cent  below  the  rates  as  prescribed 
by  the  toll  sheet  of  1852,  as  the  canal  board  shall,  in  its  discretion,  think 
expedient  and  as  the  exigencies  of  trade  shall  demand  during  the  ensuing 
season  of  navigation,  and  to  change  the  same  from  time  to  time  as  circum- 
stances shall,  in  the  judgment  of  the  board,  require." 

1871,  p.  2182,  canal  board  requested  to  reduce  tolls  on  certain  articles  , 


TOLLS.  225 

§  501.  (1835,  ch.  202,  §  2.)    All  property  which   shall  be  Toils  on 
transported  on  the  Erie  canal,  and  which  shall  pass  through  the  inlet, 
said  channel  (Cayuga  inlet),  shall  be  subjected  to  the  like  tolls 
as  are  by  law  provided  for  property  transported  on  said  Erie 
canal,  for  one  mile  in  addition  to  the  tolls  chargeable  on  said 
canal,  which  tolls  shall  be  collected  in  the  same  manner  and  at 
the  same  offices  as  the  tolls  on  the  Seneca  and  Cayuga  canal, 
and  all  the  laws  and  regulations  relative  to  the  collection  of 
tolls  shall  apply  to  this  act.1 

§  502.  (1849,  ch.  200,  §  9.)  The  same  rate  of  tolls  shall  ^uson 
hereafter  be  charged  and  collected  for  said  (Albany)  basin  as  basin- 
on  the  canals  of  this  state,  computing  the  same  in  all  cases  as 
one  mile  in  length,  and  which  shall  be  considered  as  forming 
part  of  the  canal  revenues,  and  not  be  diverted  therefrom,  and 
the  said  basin  shall  remain  free  for  canal  boats  and  canal  craft, 
from  any  charge  for  wharfage  or  dockage,"  and  the  said  basin 
shall  be  owned  by  and  remain  the  property  of  this  state,  and 
be  under  the  care  and  charge  of  the  canal  commissioners. 
The  owners  of  the  said  pier  shall  forever  hereafter  keep  the 
said  pier  in  good  repair,  to  the  satisfaction  of  the  canal  com- 
missioners. 

§  503.  (1850,  ch.  153,  8  3.)  The  rates  of  toll  to  be  paid  on  Toils  on 

Seneca 

boats,  merchandise,  and  every  description  of  property  trans-  river  above 
ported  upon  said  canal  or  river  above  said  dam  (at  Baldwins-  vine  dam. 
ville,  on  the  Seneca,  river),  shall  be  fixed  by  the  canal  board,  and 
in  determining  the  rates  of  toll  so  to  be  fixed,  said  canal  board 
shall  adopt  and  prescribe  such  rates  as  shall  pay  the  necessary 
cost  and  charges  of  the  superintendence  and  repairs  of  such 
canal  and  river  improvement,  and  also  secure  a  return  to  the 
canal  revenues  of  the  state,  of  not  less  than  five  per  cent  per 

1873,  February  14th,  p.  1389,  concurrent  resolution  in  the  same  form  as 
that  of  1870,  but  adding  thereto  the  words  "  during  the  ensuing  season  of 
navigation." 

For  toll  sheet  of  1852, 1859, 1868,  1869, 1870,  1871,  1872  and  1873,  see 
appendix. 

1  See  also,  1845,  ch.  101,  and  1847,  ch.  251.  The  act  of  1847  provides  that 
in  case  certain  improvements  are  directed  and  made  in  the  channel  of  Cayuga 
inlet, "  that  an  additional  toll  equal  to  the  toll  on  one  mile  of  canal,"  shall  be 
collected  until  the  appropriation  under  this  act  and  the  interest  thereon,  be 
repaid  to  the  general  fund  from  the  said  additional  toll. 

*  "  Unless  said  canal  boats  shall  be  actually  engaged  in  receiving  or  dis- 
charging cargoes."     See  Laws  1867,  ch.  560,  §  1,  ante,  %  356. 
29 


226 


OF  THE  CANAL  BOARD. 


Seneca 
river 
and  Bald- 
win sville 
canal. 


Moose 
river. 


Beaver 
river. 


annum  upon  the  costs  of  such  improvement,  and  such  tolls 
shall  be  charged  upon  so  much  of  said  river  as  shall  be  made 
navigable  by  said  dam  and  canal  around  the  same. 

§  504.  (1854,  ch.  333.)  The  Seneca  river  improvement  and 
Baldwinsville  canal  are  hereby  placed  under  the  control  of  the 
canal  board,  and  under  the  same  regulations  as  to  tolls,  super- 
intendence and  repairs,  in  all  respects,  as  the  other  canals  of 
this  state. 

§  505.  (1864,  ch.  174,  §  2.)  The  same  tolls  shall  be  collected 
upon  all  property  passing  upon  the  Moose  river,  as  are  now 
collected  upon  the  canals  of  this  state. 

§  506.  (1864,  ch.  233,  §  4.) '  The  canal  board  are  directed 
and  required  to  levy  and  collect  the  same  tolls  upon  the  river 
hereby  to  be  improved  ("the  rafting  channel  of  Beaver 
river"),  as  are  now  levied  and  collected  upon  the  several 
canals  of  this  state,  upon  all  property  and  boats  passing  up 
and  down  the  same. 


Mohawk  §  507.  (1867,  ch.  621,  §  1.)  The  canal  board  are  hereby 
westTroy.  authorized  and  directed  to  collect  one  mile  toll  on  all  boats 
and  cargoes,  rafts  or  floats,  or  other  property  navigating  or 
using  the  state  basin  at  "West  Troy,  known  as  the  Mohawk 
basin,  for  the  purpose  of  receiving  or  discharging  cargoes,  or 
for  storing  in  or  occupying  any  portion  of  said  basin  north  of 
that  point  known  as  the  ferry-way  or  Morrison's  foot  bridge  ; 
but  if  the  state  shall  hereafter  build  or  cause  to  be  built  any 
lock  or  locks  between  said  basin  and  the  present  Erie  canal, 
then  all  boats  passing  through  said  basin,  to  or  from  said  lock 
or  locks,  for  the  purpose  of  passing  in  or  out  of  the  Erie  canal 
to  or  from  the  Hudson  river,  shall  not  be  subject  to  the  pay- 
ment of  the  aforesaid  one  mile  toll. 


Tolls  on 

Oneida 

river. 


§  508.  (1839,  ch.  284,  §  5.)  Such  tolls  shall  be  collected  on 
boats  and  their  cargoes,  and  on  passengers  navigating  the 
Oneida  river,  when  the  same  shall  have  been  improved  agree- 
ably to  the  provisions  of  this  act,  as  the  canal  board  shall 
hereafter  establish. 

Toils  on          §509.  (1841,   ch.  238,  §  4.)     The  tolls  collected   on   the 

Oneida  o  \  •>    o        / 

Lake  oanai  Oneida  Lake  canal  and  feeder,  and  on  boats  and  property  con- 

and  feeder.  • 


1  An  act  for  the  improvement  of  Beaver  river. 


RULES  AND  REGULATIONS.  227 

veyed  on  that  part  of  the  Seneca  river  along  which  a  towing- 
path  has  been  constructed  by  the  state,  shall  constitute  a  part 
of  the  canal  fund. 

§  510.  (1867,  ch.  934,  §  4.)  All  boats  and  freights  passing  Oneida 
over  the  waters  of  the  Oneida  lake,  to  or  from  any  point, 
except  those  situate  on  said  lake,  shall  pay  the  same  toll  per 
mile  as  is  charged  on  the  canals  of  this  state ;  but  nothing  in 
this  act  contained  shall  be  taken  or  held  to  authorize  the 
imposition  of  tolls  on  any  other  lake  of  this  state. 

§  511.  (1840,  ch,  358,  §  2.)     The  canal  board  may  designate  Canal 
any  banking  association  to  receive   the  deposit  of  tolls   or  designate 

.      .  where  de- 

Other  canal  moneys,  provided  such  association  shall  carry  on  posits 

its  business  in  a  place  convenient  for  such  deposits,  and  shall  made, 
comply  with  such  terms  as  may  be  prescribed  by  the  board, 
all  the  provisions  of  former  acts  in  relation  to  the  deposits  of  p||e  Iff' 
such  moneys  in  banks,  shall  extend  and  apply  to  such  deposits 
and  banking  associations. 


§  512.  (1859,  ch.  346,  §  26.)  The  superintendent  ("  of  the 
Onondaga  Salt  Springs")  shall  deposit  in  each  week,  to  the 
credit  of  the  treasurer  of  this  state,  in  such  bank  or  banks  as  °an£ndaga 
may  be  designated  by  the  canal  board,  all  the  moneys  received 
by  him  as  such  superintendent,  and  on  Monday  of  each  week 
he  shall  transmit  to  the  comptroller  a  statement  showing  the 
amount  of  the  revenues  collected  and  received  by  him,  and  so 
deposited  during  the  preceding  week. 

RULES   AND   REGULATIONS. 

§513.  (1835,  ch.  21.)     All  such  rules  and  regulations  in  TO  make 
relation   to   the   canals,  as  are  now   authorized   by  sections 
twenty-five,  one  hundred  and  forty-eight,  one  hundred  and 

NOTE  —  Ch.  146  of  the  Laws  of  1856.  "  An  act  authorizing  the  construc- 
tion of  a  bridge  across  the  Hudson  river,  at  Albany,  contains  the  follow- 
ing provisions : 

"  §  12.  After  the  said  bridge  shall  have  been  completed,  such  tolls  and 
charges  may  be  collected  for  crossing  the  same  on  foot,  and  with  wagons, 
cars  or  carriages  of  any  kind,  and  with  horses  or  other  animals,  or  other- 
wise, as  the  directors  may  from  time  to  time  establish,  subject  to  the 
approval  of  the  canal  board ;  provided,  however,  that  such  tolls  shall  be  so 
regulated  that  they  shall  not  yield  a  net  annual  revenue  to  exceed  ten  per 
cent  upon  the  amount  of  such  capital  stock."  *  *  * 

The  toll-sheet  for  this  bridge  was  approved  by  the  canal  board,  March 
15,  186(1. 


228  OF  THE  CANAL  BOARD. 

forty-nine  and  one  hundred  and  eighty-eight,  of  title  nine  of 
chapter  nine  of  the  first  part  of  the  Kevised  Statutes,  to  be 
made  by  the  canal  commissioners,  or  the  commissioners  of 
the  canal  fund,  may  hereafter  be  made  by  the  canal  board, 
with  the  like  penalties  and  forfeitures  as  are  now  provided  in 
said  title. 

Do.  §  514.  (R.  S.j  §  25.)     They  shall,  from  time  to  time,  make 

such  rules  and  regulations,  not  inconsistent  with  the  laws  of 
the  state,  in  respect  to  the  size  and  structure  of  boats,  rafts  and 
other  floats,  on  the  waters  of  the  canals,  and  the  weighing  and 
inspecting  of  boats  and  their  lading,  and  in  respect  to  all 
matters  connected  with  the  navigation  thereof,  and  impose 
such  forfeitures  of  money,  for  the  breach  of  such  rules  and 
regulations,  as  they  may  judge  reasonable  ;  but  no  forfeiture 
so  imposed  shall,  for  a  single  offense,  exceed  the  sum  of 
twenty-five  dollars. 

Commuta-      §  515.  (JR.  S.,  §  148  ;  amended  1835,  ch.  21.)      The   [canal 

toils  upon  board]  may,  in  their  discretion,  receive  from  the  owners  of 

gers.en"       any  boat  a  specified  sum  by  the  year,  for  a  license  to  carry 

passengers  therein,  as  a  commutation  for  tolls  upon  passengers. 

HOW  paid.  §  516.  (R.  &,§  149;  amended  1835,  oh.  21.)  Such  commu- 
tation shall  be  paid  at  such  time  and  in  such  manner  as  the 
[canal  board]  may  prescribe,  and  no  statement  or  affidavit 
relative  to  conveying  passengers,  shall  be  required  from  the 
master  of  any  boat  so  licensed. 

Penalties,  §  517.  (R.  8.,  §  188  ;  amended  1835,  ch.  21,  1848,  ch.  162.) 
covered.  All  suits  for  penalties  and  forfeitures  imposed  in  any  article 
of  this  title,  or  for  damages,  in  behalf  of  the  state,  shall  be 
prosecuted  in  the  name  of  the  people  of  this  state,  by  such 
persons  and  in  such  manner  as  the  [canal  board]  in  their  regu- 
lations, shall  direct  ;  and  all  moneys  recovered  therein  shall 
be  accounted  for  and  paid  over  to  [the  treasurer]. 


Before  §  ^18«  (R-  S-,  §  189.)      Every  such  penalty  or  forfeiture, 

whom.        not  exceeding  the  sum  of   fifty  dollars,  may  be  recovered 
before  any  justice  of  the  peace  in  any  county. 

§  519.  (R.  S.j  §  71.)  The  provisions  of  the  twenty-sixth 
and  twenty-seventh  sections  of  this  title,  shall  be  construed  to 
embrace  all  rates  of  toll,  rules  and  regulations,  so  fixed  and 
prescribed. 


KULES  AND  REGULATIONS.  229 

§  520.  (JR.  S.j  §  26.)  They  shall  cause  a  sufficient  number 
of  copies  of  all  such  rules  and  regulations,  including  the 
forfeitures  for  the  breach  thereof,  to  be  printed,  and  shall 
distribute  the  same  to  the  superintendents  of  repairs,  the  col- 
lectors of  tolls  and  lock-keepers,  to  be  kept  in  their  respective 
offices  for  public  inspection.1 

§  521.  (E.  S.,  §  27;  amended  1848,  ch.  162.)  All  rules, 
regulations  and  forfeitures,  established  by  them  in  relation  to 
the  management  and  navigation  of  the  canals,  shall  be  filed  in 
the  [canal  department]  and  a  copy  thereof,  certified  by  the 
[auditor],  under  his  hand  and  the  seal  of  his  office,  shall  be 
received  in  all  courts  of  law,  as  due  proof  that  such  rules, 
regulations  and  forfeitures  were  by  them  established. 

§  522.  (1870,  ch.  656,  §  1.)  The  canal  board  is  hereby  au- 
thorized to  adopt  the  "  Reim's  Champion  Boat  Scale,"  in  place 
of  the  present  system  of  weighing  boats  and  cargoes  on  the 
canals  of  this  state,  if  they  are  fully  satisfied  from  tests  already 
made,  or  from  such  further  tests  as  they  shall  deem  necessary, 
that  the  interests  of  the  state  will  be  subserved  thereby,  and 
they  are  hereby  empowered  to  contract  with  the  owners  of  the 
"  Reim's  Champion  Boat  Scale,"  for  the  use  of  said  scale  on 
the  various  canals  of  this  state. 

§  523.  (Same  ch.,  §  2.)  The  state  treasurer  shall  pay  on 
the  warrant,  of  the  auditor  of  the  canal  department  or  the 
comptroller,  out  of  any  funds  appropriated  for  canal  purposes, 
the  moneys  necessary  to  carry  out  the  first  section  of  this  act.* 

§  524.  (£.  S.,  §  T2.)  The  canal  board  shall  have  power  to 
remit,  either  absolutely,  or  upon  such  conditions  as  they  shall 
prescribe,  any  forfeitures  that  may  be  incurred,  by  a  violation 

1  Ch.  IX,  Laws  1827,  2d  Session,  p.  17,  contains  the  following  provision : 
"  §  20.  The  canal  board  shall  make  such  order  for  the  publication,  in  a 
pamphlet  form  and  distribution  of  title  IX,  of  chapter  IX,  of  the  first  part 
of  the  Revised  Statutes,  as  they  shall  deem  expedient,  and  the  expenses  of 
such  publication  and  distribution  shall  be  charged  to  the  canal  fund." 

5  For  reports,  tests,  etc.,  relating  to  "  Reim's  Champion  Boat  Scale  and 
Bilge  Water  Measure,"  see  canal  board  proceedings,  1869,  pp.  171,  289  and 
268 ;  1870,  pp.  184,  206  and  209  ;  1871,  pp.  48,  87  and  93. 

As  to  "Amsden's  Hydrostatic  Scale,"  see  Laws  1866,  ch.  748,  p.  1619, 
and  canal  board  proceedings,  1868,  pp.  67,  84,  88  and  209 ;  1869,  pp.  145, 
209,  239  and  268  ;  1870,  p.  206  ;  1871,  pp.  48  and  87. 


230  OF  THE  CANAL  BOAED. 

of  any  of  the  provisions  of  this  title,  or  of  any  of  the  rules  and 
regulations  established  by  themselves,  or  the  canal  commis- 
sioners. 

§  525.  (JR.  £,  §  73 ;  amended  1848,  oh.  162.)  No  such 
forfeiture  shall,  however,  be  remitted,  unless  on  the  petition, 
in  writing,  of  the  party  liable  thereto,  supported  by  due  proof  of 
the  facts,  upon  which  the  claim  for  a  remission  shall  be  founded, 
and  every  such  petition,  with  the  accompanying  proof,  and 
the  order  of  the  board  thereon,  shall  be  preserved  and  filed  in 
the  office  of  the  [canal  department]. 

§  526.  (1837,  oh.  451,  §  5.)  The  canal  board  shall  have 
power  to  modify  or  reduce  any  of  the  penalties  imposed  by 
article  seven,  of  chapter  nine,  title  nine  of  the  first  part  of  the 
Revised  Statutes. 

May  remit  §  527.  (1855,  ch.  534,  §  5.)  The  canal  board  or  the  com- 
Fn  certain  missioners  of  the  canal  fund  shall  not  have  power  to  remit 
penalties  imposed  for  any  commission  or  attempt  to  commit  a 
fraud  upon  the  revenues,  unless  they  are  satisfied  that  such 
penalty  was  illegally  imposed,  and  such  remission  be  applied 
for  in  writing  and  under  oath,  within  sixty  days  after  the 
imposition  of  such  penalty. 

Repair  §  528.  (1870,  ch.  55,  §  I.)1     All   laws  and   parts   of  laws 

system  and  requiring  the  letting  and  keeping  the  canals  in  repair  by  con- 
contract-  ** 
ing  board    tract  are  hereby  repealed,  and  the  contracting  board  is  hereby 

abolished.  But  the  repeal  of  the  said  laws  shall  not,  except  as 
otherwise  provided  by  this  act,  invalidate  the  contracts  hereto- 
fore made,  or  discharge  any  of  the  contractors  from  the  duties 
and  obligations  imposed  by  such  contracts  or  the  said  laws, 
and  the  right  of  the  said  contractors  to  receive  from  the  state 
any  pecuniary  compensation  or  other  relief  under  said  con- 
tracts shall  not  be  affected  thereby. 

Contract-        8  529.  (Same  ch.,  8  2.)     It  shall  be  lawful  for  any  contractor 

ors  ni3,v 

surrender   for  repairs  of  the  canals,  under  a  contract  heretofore  made,  to 

contracts. 

1  "An  act  to  abolish  the  contracting  board  and  the  system  of  repairing 
the  canals  by  contract." 

For  report  as  to  power  conferred  on  canal  board  by  this  act,  and  relative 
to  settlement  of  contracts,  duties,  etc.,  see  canal  board  proceedings,  1870, 
p.  187. 

See  note  on  repair  contract  system,  ante,  §  170. 


RULES  AND  REGULATIONS.  231 

surrender  to  the  canal  board  his  said  contract ;  and  the  said 
canal  board  shall,  upon  such  surrender,  accept  the  same,  and 
from  the  time  of  such  surrender  and  acceptance  thereof  the  said 
contract  shall  be  annulled,  and  the  said  contractor  shall  be  dis- 
charged from  all  the  obligations  thereof. 

§  530.  (Same  ch.,  §  3.)     It  shall  be  lawful  for  the  canal  Contracts  » 

v  '  may  be 

board,  upon  the  recommendation  of  the  canal  commissioners,  canceled, 
whenever  they  shall  deem  it  for  the  interests  of  the  state,  to 
cancel  and  annul  any  contract  or  contracts  for  repairs  of  the 
canals  heretofore  made,  by  a  resolution  to  be  entered  in  the 
minutes  of  the  said  board,  and  upon  the  entry  of  such  resolu- 
tion, such  contracts  as  shall  be  thereby  declared  canceled  and 
annulled  shall  be  annulled,  and  the  contractors  discharged 
from  all  obligations  to  perform  the  same  thereafter. 

§  531.  (Same  cA.,  §  4.)     The   contractors  who   shall   sur-  contract- 
render  their  contracts,  or  whose  contracts  shall  be  canceled  receive 

..  />     i  •     compensa- 

and  annulled  by  the  canal  board  under  the  provisions  ot  this  tion  or 

damages, 

act,  shall  not  be  entitled  to  demand  or  receive,  and  shall  not  except  for 

'  permanent 

be  allowed  for  any  prospective  damages  or  any  compensation 
for  prospective  or  unearned  profits,  and  shall  be  entitled  to  t°ri 
receive  no  compensation  or  damages  except  as  provided  by 
this  act.  Every  contractor,  the  surrender  of  whose  contract 
shall  be  accepted  by  the  canal  board,  and  every  contractor 
whose  contract  shall  be  canceled  and  annulled  by  the  canal 
board,  shall  be  entitled  to  receive  the  money  deposited  as  a  secur- 
ity for  the  performance  of  his  contract,  with  the  accumulated 
interest  thereon,  together  with  the  money  earned  under  such 
contract,  and  also  for  such  amount  or  proportion  of  work, 
labor  and  services  under  the  same  for  permanent  improve- 
ments not  heretofore  provided  for  in  this  section  as  shall,  in 
the  judgment  of  the  canal  board,  be  equitable  and  just  up  to 
the  time  of  the  surrender  or  canceling  and  annulling  thereof, 
and  a  full  and  fair  compensation  for  the  tools,  materials  and 
implements  necessarily  procured  for  the  purpose  of  perform- 
ing such  contract,  and  which  shall  be  delivered  to  the  canal 
commissioner  in  charge  of  the  division,  for  the  use  of  the 
state. 

§  532.  (Same  cA.,  §  5.)     It  shall  be  the  duty  of  the  canal  gmai      • 
board  to  settle  with  any  contractor  for  the  repair  of  anv  por-  adjust 

•'  •     i  amount  tc 

tion  of  the  canals  whose  contracts  shall  be  surrendered   or 


232  OF  THE  CANAL  BOARD. 

canceled  under  the  provisions  of  this  act,  and  adjust  the  amount 
to  be  paid  him  in  pursuance  of  the  last  preceding  section,  or, 
according  to  the  terms  of  the  contract,  as  the  contractor  may 
elect. 

Canal  §  533.  (Same  cA.,  §  6.)  The  canal  board  shall  determine  the 

Determine  method  or  system  by  which  the  repairs  of  the  canals  shall  be 
repairs,  or  made,  and  their  management  conducted,  and  fix  the  rate  of 
poLntpa-  compensation  to  be  paid  to  any  and  all  the  officers  which 
etc.  said  board  is  now  authorized  by  law  to  appoint.  It  shall  be 

lawful  for  said  board  to  appoint  as  many  patrolmen,  and 
fix  the  compensation  to  be  paid  them,  as  it  shall  deem  neces- 
sary, to  act  as  a  police  along  the  line  of  the  canals,  and  whose 
duty  it  shall  be  to  compel  the  observance  of  the  laws  and 
regulations  of  the  canal  board  relative  to  the  canals.  Said 
patrolmen  shall  be  assigned  to  such  parts  of  the  canals  as  the 
commissioner  in  charge  shall  direct,  and  shall  be  subject  to 
and  under  the  control  of  the  said  commissioner,  and  the  officer 
in  charge  of  the  repairs  of  such  portion  of  the  canal,  and  may 
be  removed  by  said  commissioner  and  other  patrolmen  ap- 
pointed by  him  in  their  stead,  which  removal  and  appoint- 
ment shall  be  reported  to  the  canal  board  within  thirty  days, 
in  case  said  board  shall  meet  within  that  time  or  at  its  next 
meeting  thereafter  for  action  thereon,  but  nothing  herein  con- 
tained shall  be  construed  as  authorizing  the  canal  board  to 
enter  into  any  new  contracts  for  keeping  the  canals  in  repair. 

§  534.  (Same  ch.,  §  Y.)  The  canal  board  shall  have  power 
to  make  such  rules  and  regulations  in  relation  to  the  canals, 
and  especially  to  carry  out  the  provisions  of  this  act,  as  shall 
be  deemed  expedient  and  shall  not  be  inconsistent  with  law, 
and  to  impose  the  like  penalties  and  forfeitures  for  a  violation 
of  such  rules  and  regulations  as  are  now  authorized  by  law. 
Nothing  in  this  act  shall  impair  or  detract  from  the  power  and 
duties  of  the  canal  commissioners  in  the  performance  of  their 
duties ;  but  they  shall,  upon  their  respective  divisions,  which 
divisions  shall  not  be  changed  or  altered  except  with  the  con- 
sent and  approval  of  the  canal  board,  perform  the  duties  and 
exercise  the  powers  conferred  upon  them  by  law.1 

1  For  regulations  in  regard  to  patrolmen,  see  canal  board  proceedings 
1870,  p  171,  and  for  resolution  declaring  it  inexpedient  to  appoint  patrol- 
men for  1871,  see  proceedings,  p.  134,  and  Regulation  No.  78  of  this  Manual. 


NEW  WORK  AND  EXTRAORDINARY  REPAIRS.  233 

ENLARGEMENT,  NEW  WORK,  AND  EXTRAORDINARY  REPAIRS. 


§  535.  (It.  S..  §  74.)  Whenever  the  canal  board  shall  have  Estimates 

i  £  ^  i  •     '  ^        ^  £  forrepaire. 

received  irom  the  canal  commissioners,  the  plan  01  any  extra- 
ordinary repairs  or  improvements  on  the  canals,  and  an  esti- 
mate of  the  expense  thereof,  if  such  estimate  shall  not  exceed 
the  sum  of  thirty  thousand  dollars,  they  may  direct  such 
repairs  or  improvements  to  be  made;  but  if  the  estimated 
expense  shall  exceed  that  sum,  they  shall  report  the  plan  and 
estimate,  together  with  their  opinion  thereon,  to  the  legisla- 
ture.1 

§  536.  (1847,  ch.  259,  §  1.)  Whenever,  in  the  opinion  of  the  Rebuilding 

'     .     .  ..  ,     . ..  locks,  Erie 

canal  commissioners,  it  becomes  necessary  to  substitute  new  canal, 
locks  for  the  old  locks  on  the  Erie  canal,  the  commissioners 
shall  cause  minute  estimates  to  be  made  of  the  cost  of  rebuild- 
ing the  lock  or  locks  on  the  old  plan,  and  also  the  cost  of  con- 
structing the  same  on  the  enlarged  plan,  and  adapting  the 
work  to  the  enlarged  Erie  canal ;  which  estimates  shall  be 
submitted  to  the  canal  board,  and  when  approved  by  that 
board,  the  canal  commissioners  shall  proceed  to  construct  the 
lock  or  locks  on  the  enlarged  plan ;  and  all  sums  expended  by 
them  on  such  work,  over  and  above  the  cost  of  reconstructing 
the  lock  or  locks  on  the  old  plan,  shall  be  paid  out  of  moneys 
appropriated  by  this  act  for  the  enlargement  of  the  Erie  canal ; 
the  balance  of  the  cost  thereof  shall  be  charged  to  ordinary 
repairs. 

§  537.  (Same  ok.,  §  2.)  The  rule  established  in  the  preced- 
ing section,  in  relation  to  locks,  may  be  applied  to  all  struc- 
tures on  the  Erie  canal ;  whenever,  in  the  opinion  of  the  canal 
board,  the  interests  of  the  state,  in  reference  to  the  enlarge- 
ment and  improvement  of  the  Erie  canal,  renders  such  works 
necessary :  provided  that  the  commissioners  of  the  canal  fund 
have  in  their  hands  moneys  appropriated  by  the  legislature 
sufficient  to  pay  the  additional  expense,  beyond  the  sum  which 
would  be  required  for  the  ordinary  repairs,  in  building  the 
structures  on  the  original  plan. 

§  538.  (1847,  ch.  278,  §  13.)  All  work  connected  with  the 
enlargement  and  improvement  of  the  Erie  canal,  done  under 

1  Query :  Is  this  section  now  in  force  ?     See  Const.  Art.  VII,  §  10,  relating 
to  power  of  the  state  to  contract  debts.     Ch.  298  of  1864  seems  to  allude  to 
this  section. 
30 


234 


OF  THE  CANAL  BOARD. 


contracts  made  by  the  canal  commissioners  shall  be  kept  dis- 
tinct as  far  as  practicable  from  the  ordinary  repairs  of  the 
canal  by  superintendents.  The  regulations  of  the  canal  board 
made  in  compliance  with  the  provisions  of  the  preceding  sec- 
tions of  this  act  shall  apply  to  all  proceedings  of  the  canal 
commissioners  and  engineers  in  giving  notice  and  receiving 
propositions  in  relation  to  any  of  the  public  works.1 

NO  extra         §  539.  (1840,  ch.  348,  §  1.)     The  canal  board  shall  not  have 

allowance          °  °       ' 

to  con-       the  power  to  make  extra  allowances  to  contractors  on  any  of 

tractors.  .  » 

the  public  works  of  this  state,  whose  contracts  shall  be  entered 
But  may     into  after  the  passage  of  this  act,  but  the  said  canal  board  is 

cancel  r          ' 

contracts,  hereby  authorized  to  cancel  such  contracts  on  the  application 
of  the  parties  thereto,  for  good  cause  shown,  and  to  direct  the 
canal  commissioners  to  settle  for  the  work  done  under  the 
same,  and  relative  prices  according  to  the  terms  and  conditions 
thereof,  and  the  canal  commissioners  may  immediately  there- 
after proceed  to  relet  such  work  according  to  law.* 


May  not 
cancel  con- 
tracts for 
enlarge- 
ment and 
comple- 
tion or 
repairs. 


§  540.  (1859,  ch.  495,  §  1.)  The  canal  board  shall  not  have 
power  to  cancel  any  contract  entered  into  for  the  enlargement 
and  completion  of  the  canals  of  this  state,  unless  upon  appli- 
cation of  the  contractor  or  contractors  in  cases  where  the  state 
has  failed  to  make  payment  according  to  the  contract ;  nor 
shall  the  said  board  have  power  to  cancel  any  contract  entered 
into,  pursuant  to  the  laws  of  this  state,  to  keep  in  repair  any 
completed  or  uncompleted  portions  of  the  canals  of  this  state; 
and  neither  the  said  canal  board  nor  the  canal  commissioners, 
or  either  of  them,  shall  have  power  to  make  any  allowance  to 
contractors,  under  contracts  for  keeping  said  canals  in  repair, 
beyond  the  sums  stipulated  to  be  paid  by  such  contracts ;  and 
no  abatement  or  allowance  shall  be  made  to  any  contractor  of 
repairs,  from  the  sum  agreed  to  be  paid  by  him  to  the  state,  for 
the  boats,  tolls,  implements  and  materials  embraced  in  the 
inventory  exhibited  at  the  letting,  and  attached  to  the  contract 
for  repairs.* 


1  As  to  the  powers  since  conferred  on  the  canal  commissioners  to  prescribe 
regulations  as    to  lettings  for  new  work  and  extraordinary  repairs,   see 
1871,  ch.  930,  and  1872,  ch.  850,  in  art.  2,  ante,  §  299. 

2  Sections  76,  77  and  78  R.   S.,  relating  to  extra  allowances,  in  certain 
cases,  proof  required,  etc.,  etc.,  are  repealed  by  this  section. 

8  It  has  been  held  by  the  canal  board  that  this  section  relates  to  enlarge- 
ment and  repair  contracts  only,  and   that  the  canal  board  has  power  to 


NEW  WORK  AND  EXTRAOEDINARY  REPAIRS.  235 

§  541.  (1862,  ch.  169,  §  1.)    All  contracts  for  the  enlarge-  contracts 
ment  and  completion  of  the  canals  of  this  state,  as  contem-  pietion1' 

•  i  i>          '  /•  ••          and  en- 

plated  by  section  three  of  article  seven  of  the  constitution,  largement 

not  to  be 

and  not  hereinafter  provided  for,  shall  be  executed  and  per-  changed, 
formed  in  accordance  with  the  plans,  maps  and  specifications 
heretofore  prescribed  and  adopted  on  or  before  the  first  day 
of  September  next  after  the  passage  of  this  act,  and  the  ac- 
counts for  the  said  enlargement  and  completion  shall  be  closed 
as  soon  thereafter  as  may  be,  and  no  more  work  shall  there- 
after be  done,  or  materials  procured,  under  pretense  of  enlarg- 
ing and  completing  said  canals,  and  the  same  shall  be  deemed 
and  considered  finished  and  completed,  and  from  that  time  all 
the  powers  and  authority  of  the  contracting  board  in  relation 
to  the  enlargement,  completion  and  construction  of  such  canal 
shall  cease. 

§  542.  (Same  ck.,  §  2.)    After  the  passage  of  this  act  the  canal 
canal  board  shall  not  have  power  to  change  the  plan  of  finish-  h?b\tedprc 
ing  and  completing  the  work  of  enlarging  and  completing  changing 
said  canals  as  heretofore  fixed  and  determined  by  the  resolu-  compiet- 
tions  of  said  board ;  nor  shall  the  said  board  have  the  power 
to  change  the  plan  of  construction  of  a  completed  canal,  its 
banks,  locks,  waste-weirs,  culverts,  bridges,  or  any  other  struc- 
ture or  matter  or  thing  connected  therewith,  except  to  allow 
and  certify  to  such  works  of  extraordinary  repairs  and  im- 
provements in  a  completed  canal  as  is  contemplated  by  the 
existing  statutes  of  the  state. 

S  543.  (1866,  ch.  836,  §  9.)    It  shall  be  the  dutv  of  the  Contract- 

t/  ors  to  nay 

canal  board  to  cause  to  be  inserted  in  all  contracts  for  work  or  damaged  in 

.  .  certain 

repairs  on  the  canals,  a  clause  requiring  the  contractor  to  pav  cases. 


cancel  contracts  for  new  work  or  extraordinary  repairs,  under  ch.  348  of 
1849.  See  canal  board  proceedings,  for  1869,  pages  210  and  290,  and  1872, 
page  124. 

The  report  adopted  August  6,  1872,  contains  the  following  construction 
of  the  statutes  : 

"  Act  chapter  848,  §  1,  Laws  of  1849,  gives  the  board  such  power ;  act 
chapter  495,  Laws  of  1859,  §  1,  does  not  repeal  it,  because  that  law  relates 
to  contracts  for  the  enlargement  of  the  Erie  canal,  and  to  repair  contracts, 
and  act  chapter  169,  Laws  of  1862,  §  1,  and  act  chapter  55,  Laws  of  1870,  § 
1,  repealed  all  there  is  of  §  1,  chapter  495,  Laws  of  1859,  and  leave  the  law 
of  1849  operative  only." 

As  to  abandonment  of  contracts  on  Chenango  extension,  see  opinions 
attorney-general,  Sept.  4th  and  Oct.  10th,  1867. 


236  OF  THE  CANAL  BOARD. 

all  damages  arising  to  the  state,  or  to  any  individual,  by  reason 
of  the  negligence,  default  or  misconduct  of  such  contractor  in 
the  performance  of  such  contract. 

PROCEEDINGS,  APPEALS,  ETC. 

Swearing        §  544.  (1829,  ch.  368,  §  9.)     Any  member  of  the  canal  board 
*8B*  is  hereby  authorized  to  administer  oaths  to  witnesses  on  all 
matters  which  may  be  examined  before  said  board ;  and  will- 
ful false  swearing  before  said  board  is  hereby  declared  to  be 
perjury. 

Canal  §  545.  (Same  ch.,  §  10.)     The  canal  board  may  require  the 

require™*7  attendance  of  witnesses  before  them  on  the  part  of  the  state, 

to  attend,   if,  in  their  opinion,  the  interests  of  the  state  require  it ;  and 

for  that  purpose  they  may  issue  subpcenas,  to  be  signed  by 

their  president  for  the  time  being,  which  shall  be  served  by 

any  sheriff  or  constable  by  said  board  thereunto  required ; 

and  every  person  duly  subposnaed  to  attend  before  said  board 

who  shall  willfully  neglect  to  obey  such  subpoena,  shall  forfeit 

fifty  dollars,  to  be  recovered  with  costs  of  suit,  before  any 

court  having  cognizance  thereof. 

Expenses.  §  546.  (Same  ch.,§  11.)  The  canal  board  may  allow  and 
direct  the  canal  commissioners,  or  commissioners  of  the  canal 
fund,  to  pay  to  any  officer  such  board  may  require  to  serve 
subposnas,  or  to  witnesses  attending  in  pursuance  of  such  sub- 
poena, such  sum  as  they  may  deem  just  and  reasonable  for 
such  service  or  attendance. 

Three  may      §547.  (1841,  ch.  160,  §  4.)     Any  three  members  of  the 
mony.e8tl"  canal  board,  designated  by  the  said  board,  shall  be  competent 
to  take  and  reduce  to  writing  any  testimony  offered  to  the 
board  in  relation  to  claims  for  extra  allowances  to  any  con- 
tractor. 

Assent  of        §  548.  (1854,  ch.  332,  §  1.)  The  assent  of  five  members  of 
bereThen  the  canal  board  shall  be  requisite  to  the  adoption  of  all  ques- 
lry'  tions  or  resolutions  involving  the  expenditure  or  appropria- 
tions of  the  public  moneys,  and  all  such  questions  or  resolu- 
tions shall  be  taken  by  ayes  and  noes,  and  entered  upon  the 
minutes. 

Minutes  to  §  549.  (Same  cfi.,  §  2.)  It  shall  be  the  duty  of  the  secretary 
of  the  canal  board,  to  cause  to  be  published,  in  the  state  daily 


PROCEEDINGS,  APPEALS,  ETC.  237 

paper  at  Albany,  the  minutes  of  said  board  as  soon  as  may  be 
after  each  session. 

§  550.  (Same  ch. ,  §  8.)  Any  person  guilty  of  false  swearing  Perjury, 
to  any  oath  or  affidavit  which  may  be  lawfully  required  by  any 
rules  and  regulations  of  the  canal  board,  canal  commissioners 
or  auditor,  shall  be  deemed  guilty  of  perjury,  and  on  convic- 
tion be  punished  the  same  as  in  other  cases  of  perjury. 

§  551.  (1829,  ch.  368,  §  6.)  The  appraisers  shall  make  return  Return  to 

HDD  6  ell  1)  V ; 

in  writing,  to  every  appeal  so  served  on  them,  setting  forth  a  appraisers 
copy  of  the  claim  for  damages ;  a  transcript  of  the  evidence, 
if  any  ;  the  items  on  which  allowances  were  made,  and  the 
several  amounts ;  the  items,  if  any,  on  which  no  allowance 
was  made  ;  and  the  reasons  and  grounds  on  which  their  decis- 
ion is  made. 

§  552.  (Same  ch.*  §  7.)  It  shall  be  the  duty  of   the  canal  Duty  of 

canal 

board  to  meet,  from  time  to  time,  and  decide  on  all  cases  of  board  on 

appeals. 

appeals  made  from  the  decisions  of  the  appraisers ;  and  if,  in 
their  opinion,  the  interest  of  the  state  requires  it,  they  shall 
direct  the  attendance  of  the  appraisers,  or  either  of  them,  to 
give  evidence  in  relation  to  the  subject-matter  of  the  appeal; 
they  shall  decide  all  cases  of  appeal  on  the  evidence  or  infor- 
mation contained  in  the  transcript  furnished  by  the  appraisers, 
and  the  evidence  of  the  appraisers,  if  any  is  obtained. 

§  553.  (1840,  ch.  201.)  The  canal  board  are  hereby  author-  Rehearing 

.       ,  .  .  T  maybe 

ized  to  grant  a  rehearing,  in  any  case  they  now  are,  or  may  granted, 
hereafter  be,  authorized  to  adjudicate,  whenever,  in  their  judg- 
ment, the  justice  of  the  case  may  require  it ;  but  no  party  shall 
be  entitled  to  but  one  rehearing,  and  the  adjudication  upon  such 
rehearing  shall  be  final  and  conclusive ;  but  no  such  rehearing 
shall  be  granted,  unless  application  in  writing  shall  be  made 
therefor,  within  sixty  days  after  such  case  shall  have  been 
adjudicated  by  the  said  board. 

S  554.    (1849,  ch...  352.  §  4 ;  amended  1866,  ch.  836,  §  8.)  Provision 

rcltitin0' 

Whenever  the  canal  board  shall,  upon  the  hearing  of  any  ap-  to  reversal 
peal  from  the  award  of  the  canal  appraisers,  reverse  or  modify  of  ap- 
such  award,  they  shall  state  on  the  resolution  or  order  relating  &N.Y.583. 
to  said  appeal,  the  grounds  of  such  reversal  or  modification, 
and  how  much,  if  any,  such  award  is  increased  or  diminished  • 
and  a  copy  of  such  resolution  or  order  shall  be  immediately 


238  OF  THE  CANAL  BOARD. 

filed  with  the  canal  appraisers,  and  also  a  copy  of  every  reso- 
lution of  affirmance.  The  canal  board  shall  also  have  power 
to  order  a  rehearing  before  the  canal  apprasers,  in  the  nature 
of  a  new  trial  before  the  canal  appraisers.1 

Surplus  §  555-  (R.  /&,  §  75.)  Whenever,  in  the  opinion  of  the  board, 
any  water  may  be  spared  from  any  state  canal,  or  works  con- 
nected therewith,  without  injury  to  the  navigation  or  safety 
of  such  canal,  and  the  persons  entitled  to  the  first  privilege  of 
taking  such  water,  shall  not  avail  themselves  thereof,  or  there 
shall  be  no  person  so  entitled,  the  board  may  order  a  sale  of 
such  surplus  water,  for  a  term  of  years,  in  their  discretion, 
to  the  person  who  shall  bid  the  highest  annual  rent  therefor.8 

APPROPRIATION    AND    SALE   OF   LANDS. 

Land  §  556.  (1849,  ch.  352,  §  1.)     "Whenever  any  tract  or  parcel 

surveyed  Q  of  land  shall  be  divided  by  the  location  or  enlargement  of 
a'  any  of  the  canals  of  this  state,  and  the  canal  board  shall  be  of 
opinion,  that  it  is  necessary  for  the  public  use,  to  take  and 
appropriate  either  portion  of  such  land,  the  canal  commis- 
sioners shall  cause  a  survey  and  map  of  such  portion  of  such 
land  to  be  filed  in  the  office  of  the  clerk  of  the  county  where 
such  land  is  situated,  and  thereupon,  the  title  to  such  portion 
of  land  shall  vest  in  the  state  in  the  same  manner  as  other 
land  taken  by  the  state  for  the  construction  of  the  canal. 

§  557.  (Same  ch.,  §  2.)  The  owner  of  any  land  taken  by 
the  state  as  provided  in  the  last  section,  shall  be  entitled  to 
compensation  and  damages  for  the  lands  so  taken,  to  be  ascer- 
tained and  appraised  in  the  same  manner  as  for  lands  taken 
and  appropriated  for  the  construction  of  the  canal. 

Lands  §  558.  (Same  ch.,  §  3.)     Whenever  the  canal  board  shall,  by 

canals  may  resolution  determine  that  any  lands  taken  for  the  purposes  of 

be  sold.          ,  -I  i    -,          ,.    .   -n 

the  canal,  may  be  sold  beneficially  to  the  state,  the  commis- 
sioners of  the  land  office  may  sell,  grant  and  convey  the  right, 
title  and  interest  of  the  state  in  such  lands,  and  the  proceeds 
of  such  sale  shall  be  credited  to  the  fund  appropriated  for  the 
construction  of  the  canal  for  which  such  lands  were  taken. 


1  As  to  new  trials  under  special  acts,  see  1868,  ch.  579,  and  canal  board 
proceedings,  1872,  page  192,  ante,  §  465. 
*  For  proceedings  under  this  section,  see  Art.  5  of  this  chapter,  post,  %  589 


APPROPRIATION  AND  SALE  OF  LANDS.  239 

§  559,  (1857,  eh.  267,  §  1.)    Whenever  the  canal  board  shall  saieof 
by  resolution  determine  that  any  lands  taken  for  the  purposes  title  ton 
of  the  canals  of  this  state  have  been  abandoned,  and  that  the  where 
title  of  the  state  to  said  lands  was  acquired  by  purchase  from  have  been 
the  owner  or  owners,  it  shall  and  may  be  lawful  for  the  com-  doned. 
missioners  of  the  land  office  to  sell,  grant  and  convey  the 
right,  title  and  interest  of  the  state  in  such  lands,  and  credit 
the  proceeds  of  such  sale  to  the  fund  appropriated  for  the  con- 
struction of  the  canal  enlargement,  improvement  and  repairs 
of  the  same ;  and  in  case  it  shall  appear  that  the  title  of  the 
state  to  said  lands  was  acquired  by  grant  or  otherwise  from 
the  owner  or  owners,  and  without  the  payment  of  any  sum  or 
sums  whatever  by  the  state  for  such  lands,  it  shall  and  may  be 
lawful  for  the  commissioners  of  the  land  office  to  release  all 
the  right,  title  and  interest  of  the  state  in  and  to  such  lands 
to  the  persons  so  granting  the  said  lands  to  the  state,  or  from 
whom  the  title  was  acquired  by  the  state,  to  his  or  their  heirs, 
grantees  or  assigns,  upon  and  subject  to  such  rules,  regula- 
tions and  requirements  as  may  be  deemed  for   the  interest 
of  the  state  :  Provided,  that  where  any  of  such  lands  shall,  at  Rules  and 

regula- 

the  time  of  abandonment,  be  used  as  or  for  a  hydraulic  canal,  tions. 
the  conveyance  shall  not  in  any  respect  prevent  the  future  use 
of  the  land  for  the  same  purpose,  but  shall  expressly  reserve 
the  right  to  continue  such  hydraulic  canal.1 

§  560.  (Same  ch.,  §  2.)     The  original  owner  or  owners  of  original 
said  abandoned  canals,  their  heirs  or  assigns,  who  may  be  the  have  pref 
owners  of  the  lands  adjoining  thereto,  shall  have  the  prefer- 
ence for  one  year  subsequent  to  the  passage  of  said  resolution 
by  the  canal  board,  to  purchase  the  same  by  payment  to  the 
commissioners  of  the  land  office  of  the  amount  originally  paid 
by  the  state  for  said  lands. 

§  561.  (1869,  ch.  361,  §  1.)  The  act  entitled  "An  act  in 
relation  to  abandoned  canals,"  passed  April  sixth,  eighteen 
hundred  and  fifty-seven,  being  chapter  two  hundred  and  sixty- 
seven  of  said  laws,  shall  apply,  and  is  hereby  declared  to 
extend  to  cases  in  which  the  land  at  the  time  taken  for  canal 
purposes  was  owned  by  the  state,  but  with  the  adjoining  lands 
were  subsequently  conveyed  by  the  state  without  any  express 


1  For  rules  and  directions  to  applicants  for  grants  of  abandoned  canal 
lands,  see  chap.  IX,  title  5,  "  Of  the  public  land*,"  etc.,  ante,  §  200. 


240  OF  WATER  PRIVILEGES. 

reservation  of  the  portion  covered  by  the  canal,  so  that  under 
the  said  law  the  grantees  of  the  state,  their  heirs  and  assigns, 
shall  stand  in  the  same  position  with  respect  to  abandoned 
canals,  as  the  like  representatives  of  individuals  hold  and 
enjoy,  provided  they  shall  pay  therefor  such  sum  or  sums  as 
the  commissioners  of  the  land  office  shall  deem  just  and 
equitable. 

§  562.  (Same  ch.,  §  2.)  Nothing  herein  contained  shall  be 
considered  as  applying  to  any  abandoned  canal  heretofore 
sold  and  conveyed  by  the  state ;  nor  to  any  dry  docks  built  by 
permission  of  the  state  within  the  canal  blue  lines  in  the  city 
of  Oswego. 

ARTICLE  V. 

OF  WATER  PRIVILEGES,  AND  THE  SALE  OF  SURPLUS  WATERS. 

SECTION  580.  Canal  commissioners  to  agree  with  owners  of  hydraulic  privi- 
leges  for  surplus  waters. 

581.  When  surplus  waters  are  created  by  constructing  dams,  etc., 

persons  owning  works   contiguous  thereto,  may  use  such 
waters,  upon  complying  with  certain  conditions. 

582.  Value  of  such  waters  to  be  estimated  by  appraisers. 

583.  If  such  owners  refuse  to  comply  with  conditions,  not  to  have 

use  of  waters. 

584.  Commissioners  may  resume  use  of  waters  when  necessary. 

585.  Rights  of  owners  of  hydraulic  privileges  not  to  be  affected 

until  damages  are  paid. 

586.  Canal  commissioners  to  settle  with  lessees  of  surplus  waters 

for  waters  resumed. 

587.  Owners  of  hydraulic  works,  in  certain  cases,  entitled  to  sur- 

plus waters. 

588.  Canal  board  may  order  sale  of  surplus  waters  for  a  term  of 

years. 

589.  Owners  of  lands  over  which  surplus  water  flows  and  adjoin- 

ing dams,  entitled  to  surplus  water. 

590.  Value,  how  ascertained ;  value  of  former  use  of  water,  how 

ascertained,  and  when  to  be  paid. 

591.  How  right  of  such  owners  to  surplus  water  may  be  waived 

or  forfeited. 

592.  Qualifications  of  preceding  sections ;  not  compulsory  to  close 

raceways  or  gates.     Sale  of  surplus  waters  not  to  be  made 
in  certain  cases. 

593.  Manner  and  terms  of  sale  of  surplus  waters. 

594.  Canal  board  to  revoke  former  leases  in  certain  cases. 

595.  When  partial  resumption  of  waters,  purchaser  entitled  to 

what  is  not  resumed. 

596.  Where  stoiu-  walls  should  be  made  and  the  manner  of  erecting. 


OF  WATER  PRIVILEGES  AND  SURPLUS  WATERS.  241 

SECTION  597.  Waste-gates,  sluice,  slide,  etc.,  when  and  whf-  :e  to  be  erected. 

598.  Penalty  for  injuring  or  lowering  stone  walls. 

599.  Persons   owning   water   privileges,  to   discharge   waters   as 

directed  by  commissioner. 

600.  Penalties  for  drawing  water  from  the  canals  without  authority. 

601.  Sluices  around  locks.     Waters  not  to  be  used  for  hydraulic 

purposes  without  authority  of  law. 

602.  Surplus  waters  on  Oswego  river,  how  to  be  used. 

603.  Water  not  to  be  drawn  on  to  the  Syracuse  level,  except  as 

herein  specified.     Penalties. 

604.  Commissioners,  or  party  grieved,  may   bring  writ  of  error 

from  decision  of  supreme  court,  in  relation  to  water  privi- 
leges. 

605.  Duty  of  clerk  of  supreme  court,  on  being  served  with  writ  of 

error. 

606.  Canal  commissioners  authorized  to  prescribe  manner  of  erec- 

tion of  piers,  warehouses,  etc.,  in  Black  Rock  harbor ;  pro- 
viso. 

607.  Condition  on  which  such  erections  shall  be  made. 

608.  Grants  to  erect  warehouses,  mills,  or  buildings,  and  to  use 

water,  to  adjoining  owners.     Exception. 

609.  Lease  to  be  executed.     Copies,  where  filed. 

610.  Plans  and  dimensions  of  said  erections  to  be  approved  by 

commissioners. 

611.  Resolution  of  April  25, 1831,  not  to  be  impaired. 

612.  Proceedings  on  non-payment  of  rent  on  leases  at  Black  Rock 

harbor. 

613.  Action  of  canal  board  confirmed. 

OF    WATER   PRIVILEGES   AOT)   SURPLUS   WATERS. 

§  580.  (R.  S.)  §  79.)     "Whenever  it  shall  become  necessary  Agree- 
to  secure  to  any  state  canal  an  additional  supply  of  water,  the  spectmg 

i  ..  'it  •  ft       use  °' 

canal  commissioners  may  agree  with  the  propnetors  of  hy-  water 

.    .,  jr          t    i  privileges. 

draulic  privileges,  anected  by  their  proceedings,  relative  to 
the  use  of  the  water  privileges  to  be  created,  and  of  the  sur- 
plus water,  in  such  manner  as  they  shall  deem  most  beneficial 
to  the  state. 

§  581.  (7?.  /SI,  §  80.)     "Whenever  the  canal  commissioners  whoen- 

_  titled  to, 

shall  construct  a  dam  across  any  river  or  creek,  to  raise  a  head  in  certain 

_e  i>         i  »  t  t  i       cases  and 

of  water  for  the  use  of  a  canal,  by  means  whereof  any  works  condi- 

'      J  J  tions. 

adjacent  to  such  river  or  creek,  in  which  water  power  is 
employed,  before  such  time  legally  used,  may  be  benefited 
without  prejudice  to  the  canal,  the  owner  of  such  works,  for 
their  benefit,  shall  be  entitled  to  the  use  of  the  surplus  water, 
Upon  his  complying  with  the  following  conditions : 

1.  lie  shall  construct,  under  the  direction  of  the  canal  com- 
missioners, a  good  and  substantial  race-way  and  gate  in  such 
31 


242  OF  WATER  PRIVILEGES. 

dam,  to  draw  off  as  much  of  the  surplus  water  as  his  works 
may  require. 

2.  He  shall  give  such  security  to  the  people  of  this  state  as 
the  canal  commissioners  shall  deem  sufficient,  to  keep  such 
gate  and  race-way  in  complete  repair,  so  as  to  prevent  any 
waste  of  water. 

3.  He  shall,  within  ninety  days  after  such  race-way  and 
gate  shall  be  completed,  apply  to  the  canal  appraisers,  and 
request  them  to  ascertain  the  benefits  accruing  to  him  from 
the  use  of  such  dam  or  other  erection. 

4.  Within  ninety  days  after  such  benefits  shall  have  been 
so  ascertained,  he  shall  pay  the  sum  at  which  they  shall  be 
estimated  into  the  treasury. 

Appraisal.  §  582.  (R.  /SI,  §  81.)  It  shall  be  the  duty  of  the  canal  ap- 
praisers, when  so  required,  to  make  a  fair  estimate  of  the 
benefits  so  accruing  to  such  owner,  and  to  make  a  return 
thereof,  without  delay,  to  the  treasurer  of  the  state. 


Duty  of  §  583.  (R.  S.,  §  82.)  If  the  conditions,  as  above  specified, 
ara'  shall  not  be  fulfilled  by  such  owner,  it  shall  be  the  duty  of  the 
acting  canal  commissioner,  to  close  any  race-way  or  gate  such 
owner  may  have  constructed ;  nor  shall  the  owner  again  open 
the  same,  or  any  other  in  the  same  dam,  unless  upon  the  per- 
formance of  the  conditions  so  imposed. 

when  to  §  584.  (R.  /&,  §  83.)  The  canal  commissioners  may  resume 
sumed.  the  privileges  so  granted,  whenever,  in  their  judgment,  the 
surplus  water,  or  a  portion  thereof,  shall  become  necessary  for 
the  use  of  the  canal ;  but  whenever  such  privileges  shall  be  so 
resumed,  the  sum  paid  into  the  treasury  therefor  shall  be 
refunded. 

Construe-       §  585.  (R.  S.,  §  84r.)     Nothing  in   this  article   contained, 
thisar-       shall  be  construed  to  deprive  the  owner  of  hydraulic  privi- 
leges, of  any  rights  possessed  by  him,  prior  to  any  grant  from 
the  state  under  this  article,  unless  his  damages  from  the  loss 
of  such  rights,  shall  be  duly  assessed  and  paid. 

Damages        §  586.  (1838,  ch.  289.)     The  canal  commissioners  are  hereby 

settfed.      authorized  to   settle  with   all  persons  claiming  damage  on 

account  of  any  surplus  waters  of  the  canals  of  this  state  being 

resumed  by  the  commissioners  for  the  use  of  the  canals,  or  for 

other  purposes,  or  on  account  of  not  being  allowed  in  whole 


OF  WATER  PRIVILEGES  AND  SURPLUS  WATERS.  24-3 

or  in  part  of  any  surplus  waters  sold  and  leased  to  such  claim- 
ants ;  and  on  canceling  such  leases  and  claims,  to  pay  to  the 
claimant  out  of  the  canal  fund,  such  sum  of  money  as  may 
be  mutually  agreed  on  between  them. 

§  587.  (R.  /&,  §  85.)     In  all  cases  where  water  or  mill  Preference 
privileges,  before  legally  used,  have  been  or  shall  be  injured  of  water? 
by  reason  of  the  diversion  of  the  water  to  the  use  of  either  of 
the  canals,  the  persons  so  injured  shall  be  entitled  to  the  first 
privilege  of  taking  water  for  the  use  of  their  works,  on  the 
terms   and   conditions   above   specified,  from  any  work  con- 
structed for  the  purpose  of  such  diversion,  or  from  the  canal 
itself  benefited  thereby,  when  there  is  a  surplus  of  water,  and 
with  the  consent  of  the  canal  commissioners. 

§  588.  (R.  /SI,  §  75.)     Whenever   in   the   opinion   of  the  Lease  of 
\canal\  board,  any  water  may  be  spared  from  any  state  canal  water, 
or  works  connected  therewith,  without  injury  to  the  navigation 
or  safety  of  such  canal,  and  the  persons  entitled  to  the  first 
privilege  of    taking    such  water,   shall  not  avail  themselves 
thereof,  or  there  shall  be  no  persons  so  entitled,  the  board  may 
order  a  sale  of  such  surplus  water,  for  a  term  of  years,  in  their 
discretion,  to  the  person  who  shall  bid  the  highest  annual  rent 
therefor. 

§  589.  (R.  /S.,  §  86.)     Whenever  the  canal  board  shall  order  who  en- 

,     .       titled  to 

a  sale  ot  surplus  waters,   pursuant  to  the  provisions  01  the  surplus 

waters. 

seventy-fifth  section  of  this  title,  to  the  use  of  which  no  person 
shall  be  first  entitled  as  the  owner  of  works  before  such  time 
legally  used,  according  to  the  preceding  eightieth  section,  the 
owners  of  the  land  upon  which  such  surplus  waters  shall  flow, 
and  the  owner  of  land  adjoining  any  dam  erected  by  the  canal 
commissioners,  by  which  surplus  water  shall  be  created,  shall 
be  entitled  to  the  first  privilege  of  taking  such  waters,  subject 
to  the  provisions  of  this  article  so  far  as  the  same  may  be 
applicable ;  and  the  canal  commissioners  shall  have  the  same 
powers  in  relation  to  all  such  surplus  waters,  as  are  herein 
given  in  respect  to  surplus  water  by  which  hydraulic  privileges 
are  benefited. 

§  590.  (R.  S.,  §  87.)     Whenever  the  owner  of  any  land  over  value, 
which  sui-plus  water  shall  flow,  or  the  owner  of  land  adjoining  tained. 
any  dam  by  which  surplus  water  shall  be  created,  entitled 
according  to  the  last  section,  to  the  use  of  such  water,  shall 


244  OF  WATER  PRIVILEGES. 

apply  for  a  lease  of  the  same,  the  canal  commissioners  shall 

direct  the  canal  appraisers  to  estimate  the  value  of  the  use  of 

value  of     such  water ;  and  the  said  appraisers  shall  include  in  such  esti- 

use.  mate,  the  value  of  any  use  of  such  water,  which  such  owner 

may  have  had  previous  to  obtaining  a  lease  therefor;  and 

within  ninety  days'  after  such  appraisal  shall  have  been  made, 

and  notice  thereof  given  to  such  owner,  he  shall  pay  the  amount 

of  the  value  of  such  previous  use,  into  the  treasury. 

HOW  right      §  591.  (R.  /&.  §  88.)     If  any  owner  of  land  over  which  such 

waived  or 

forfeited,  surplus  water  shall  flow,  or  if  any  owner  of  land  adjoining  any 
dam  by  which  surplus  water  shall  be  created,  shall  omit  for 
three  months  after  being  notified  by  the  acting  canal  commis- 
sioner to  that  effect,  to  apply  for  a  lease  of  such  water,  or  shall 
neglect  to  comply  with  any  of  the  provisions  of  this  article, 
the  canal  board  shall  order  a  sale  of  such  surplus  water. 

Qualifies-        §  592.  (R.  /£,  §  89.)  But  in  cases,  where  in  the  opinion  of 

preceding  the  acting  canal  commissioner,  it  would   be   inexpedient  to 

to°race-s  a  close  any  race-way  or  gate,  it  shall  not  be  compulsory  on  him 

to  do  so ;  and  where,  in  the  opinion  of  the  canal  board,  a  lease 

of  surplus  waters,  will  not  confer  on  the  lessee,  any  right  or 

authority  to  use  the  same  without  the  consent  of  the  owner  of 

the  land  over  which  such  surplus  water  shall  flow,  they  shall 

not  authorize  the  letting  of  the  same,  without  evidence,  that 

the  consent  of  such  owner  has  been  given  to  such  use.1 

Proceed-        §  593.    (R.  /£,  §  90.)   Whenever   a   sale  of   surplus  water 

safe  o?;       shall  have  been  directed  by  the  canal  board,  the  acting  canal 

commissioner  within  whose  line  such  water  shall  fall,  shall 

proceed  to  sell  and  convey  such  surplus  water  in  the  manner 

following : 

1.  Each  privilege  of  using  such  water  shall  be  sold  sep- 
arately, at  public  auction,  to  the  person  bidding  the  highest 
annual  rent  therefor. 

2.  The  place  of  sale  shall  be  in  the  vicinity  of  the  place 
where  the  water  may  be  most,  conveniently  used. 

3.  A  notice,  stating  the  time  and  place  of   the  sale,  and 
describing  the  waters  to  be  sold,  shall  be  published  twice  in 
each  week,  for  six  weeks  in  succession,  immediately  preced- 
ing the  sale,  in  the  state  paper,  and  once  in  each  week  for  the 

1  Laws  of  1828,  cli.  317,  made  part  of  R.  S.  by  §  6,  p.  438. 


OF  WATER  PRIVILEGES  AND  SURPLUS  WATERS.  245 

same  time,  in  each  of  the  newspapers  printed  in  the  county 
where  the  water  is  to  be  sold.  • 

4.  A  lease  for  such  a  term  of   years  as  shall  have  been 
directed  by  the  canal  board,  shall  be  executed  by  the  com- 
missioners, in  the  name  of  the  people  of  this  state,  to  the  pur- 
chaser, and  in  such  conveyance,  the  rent  bid  by  such  purchaser 
shall  be  reserved. 

5.  The  conveyance  shall  contain  a  covenant,  that  the  rent 
thereir  reserved,  shall  be  paid  annually  to  the  commissioners 
of  the  canal  fund,  and  a  condition,  that  if  such  rent  shall  re- 
main unpaid  for  one  year  after  it  shall  become  due,  the  grant 
or  lease  shall  become  forfeited  to  the  state. 

6.  The  conveyance  shall  also  contain  a  reservation  of  the 
right,  wholly  to  resume  the  water  so  conveyed,  and  the  privi- 
leges thereby  granted,  and  to  control  and  limit  the  use  of  such 
water  and  privileges,  whenever,  in  the  opinion  of  the  canal 
board,  or  of  the  legislature,  the  necessary  supply  of   water 
for  the  use  of  any  state  canal,  or  the  safety  of  such  canal,  or 
works  connected  therewith,  shall  render  such  resumption,  con- 
trol or  limitation  necessary ;  and  a  provision  that  where  such 
resumption  is  made,  or  control  or  limitation  imposed,  no  com- 
pensation or  damages  shall  be  allowed  for  any  improvements 
or  erections  made  in  consequence  of  such  grant  or  lease. 

7.  The  conveyance  shall  contain  a  further  reservation  of  the 
right  of  the  state,  without  making  any  compensation  to  the 
purchaser,  wholly  to  abandon  or  destroy  the  work,  by  the  con- 
struction of  which,  such  surplus  waters  shall  have  been  created, 
whenever  in  the  opinion  of  the  canal  commissioners,  the  occu- 
pation and  use  of  such  work  shall  cease  to  be  advantageous  to 
the  state. 

8.  A  duplicate  of  such  conveyance,  under  the  hand  and  seal 
of  the  purchaser,  shall  be  executed  and  delivered  by  him  to 
the   acting   canal    commissioner,  who   shall,   without   delay, 
procure  the  same  to  be  recorded  in  the  clerk's  office  of  the 
county,  in  which  the  water  sold  shall  be  situated,  and  shall 
transmit  it,  when  recorded,  to  the  commissioners  of  the  canal 
fund.  ' 

9.  All  the  expenses  attending  the  execution  of  the  convey- 
ances, and  the  recording  thereof,  shall  be  paid  by  the  pur- 
chaser.1 

1  For  list  of  leases  and  grants  of  surplus  waters,  at  Black  Rock,  Lock- 
port,   Syracuse,  West  Troy,  Waterford,  Glen  Falls,  and  other  points  on 


246  OF  WATER  PRIVILEGES. 

canal  §  594.  (R.  S.,  §  91 ;  modified  1848,  oh.  162.)  When  the  canal 

when 'to  *    board  shall  be  satisfied  that  any  lease  of  surplus  waters  granted 

revoke  .  * 

former  by  the  canal  commissioners,  or  either  ot  them,  betore  the  twenty- 
first  day  of  April,  one  thousand  eight  hundred  and  twenty- 
eight,  is  invalid,  or  conveys  no  right  to  use  such  waters,  and 
may  expose  the  state  to  claims  for  remuneration,  they  may  re- 
voke and  annul  such  lease,  and  may  direct  the  repayment  to 
such  lessee,  of  any  moneys  received  on  such  lease,  with  inter- 
est from  the  time  of  such  payment ;  which  shall  be  paid  ac- 
cordingly, on  the  warrant  of  the  [auditor],  from  the  canal  fund.1 

Right  of  §  595.  (R.  S.,  §  92.)  "Where  there  shall  be  a  partial  resump- 
on're-88'  '  tion  only  of  the  waters  so  sold,  the  purchaser  shall  be  entitled 
to  the  use  of  the  remaining  water  privileges  for  the  residue  of 
his  term,  on  the  payment  of  such  reduced  rent  as  shall  be  fixed 
by  the  canal  board ;  but  if  he  shall  refuse  to  accept  thereof,  at 
the  rent  so  reduced,  the  privileges  so  remaining,  shall  be  again 
sold  by  the  canal  commissioners,  under  the  direction  of  the 
canal  board. 

waiistobe  §  596.  (R.  S.,  §  93.)  At  every  place  where  waters  are  to  be 
taken  from  any  state  canal,  or  work  connected  therewith,  for 
hydraulic  purposes,  except  at  Black  Rock,  at  the  mouth  of  Ton- 
newanta  creek,  and  at  the  locks  at  Lockport,  and  except  where 
such  waters  are  taken  from  a  dam  across  a  .stream  which  is  used 
as  a  feeder,  or  from  a  feeder  not  navigable,  the  canal  commis- 
sioners shall  construct  a  permanent  wall  or  erection  of  stone 
laid  in  mortar,  and  cemented,  of  sufficient  thickness  to  insure 
the  safety  of  the  canal,  and  such  wall  shall  not  in  any  case  be 
more  than  six  inches  lower  than  the  top-water  line  of  the  canal. 

NO  waste-       §  597.  (/?.  S..  §94.)    ~No  waste-gate,  sluice,  slide,  water-gate 

gates,  etc.,         '    ,  °       /  .  . 

fn  them,     or  other  passage,  shall  be  made  in  connection  with  any  wall  or 

the  canals  of  this  state,  with  statements  of  the  quantity  of  water  leased  or 
granted,  the  amount  used,  audits  effect  upon  navigation,  and  for  copies  of 
laws,  leases  and  grants  relating  thereto,  see  report  of  Hon.  T.  GK  Young- 
love  and  others,  a  special  committee  appointed  by  the  legislature  of  1869, 
"  to  examine  into  the  leases  and  uses  of  the  surplus  waters  of  the  state 
canals."  Assembly  Documents,  1870,  Vol.  7,  No.  139.  See  also,  canal  board 
proceedings,  1871,  p.  82,  and  Laws  1868,  ch.  451. 

1  As  to  use  of  water  at  Waterford  mills,  see  canal  board  proceedings 
March  21st,  1865  ;  Oswego  cases,  1870,  p.  48. 

For  damages,  for  diversion  of  surplus  waters  at  Lockport,  from  1838  tc 
1859,  see  Laws  of  1860,  ch.  414. 


OF  WATER  PRIVILEGES  AND  SURPLUS  WATERS.  247 

erection  over  which  water  is  to  be  drawn,  in  such  a  manner 
that  the  same  can  be  opened,  or  that  water  can  be  drawn  by, 
through  or  under  the  same,  to  the  use  of  any  mill  or  machinery, 
using  water  from  the  canal,  except  at  the  four  places  above 
excepted. 

§  598.  (R.  S.j  §  95.)  Any  person  who  shall  willfully  make,  Penalties. 
or  cause  to  be  made,  any  breach,  hole  or  passage  in,  through 
or  under  any  such  wall  or  erection,  or  who  shall  lower  the 
same,  or  cause  it  to  be  done,  for  the  purpose  of  drawing  water 
to  any  mill  or  machinery,  or  the  effect  of  which  shall  be  to 
lower  the  water  in  the  canal,  shall  be  deemed  guilty  of  a  mis- 
demeanor, punishable  by  fine  or  imprisonment  ;  the  fine  for 
each  offense  not  to  exceed  two  hundred  and  fifty  dollars,  nor 
the  imprisonment  six  months. 


§  599.  (-K.  <&,  §  96.)  Every  person  now  owning  any  water 
privilege  upon  either  of  the  canals,  or  hereafter  purchasing  any  chareed- 
such  privilege  of  the  state,  shall  discharge  the  waters  owned  by 
him  at  such  place  or  places,  as  the  canal  commissioners  shall 
direct,  whenever  the  navigation  or  safety  of  the  canal,  or  any 
of  its  works,  shall  be  benefited  by  such  direction. 


§  600.  (1860,  ch.  213.)  Any  person  or  persons  who  shall 
draw  water  from  any  canal  in  this  state,  or  from  any  of  their 
feeders  or  reservoirs,  during  the  navigable  seasons  of  the  canajs- 
canals,  to  the  detriment  or  injury  of  the  navigation  thereof,  with- 
out authority  of  law,  shall  be  deemed  guilty  of  a  misdemeanor, 
punishable  by  imprisonment  in  the  county  jail  not  less  than 
one  year,  and  by  fine  not  less  than  one  thousand  dollars,  one-half 
of  which  shall  belong  to  the  complainant,  and  the  other  half 
to  the  canal  fund  ;  and  every  officer,  agent  and  employee  of 
the  state,  and  every  contractor  for  canal  repairs,  and  every 
contractor  for  canal  repairs,  and  every  person  in  his  employ, 
and  every  and  any  other  person  having  any  charge  or  control 
over  the  canals  of  the  state,  or  any  part  thereof,  or  of  any 
lock,  waste-weir,  or  other  work  belonging  thereto,  or  over  the 
water  or  navigation  thereof,  who  shall  directly  or  indirectly 
receive  or  agree  to  receive  any  money  or  other  valuable  thing, 
and  every  person  who  shall  pay  or  deliver,  or  offer  or  promise 
to  pay  or  deliver,  directly  or  indirectly,  to  any  such  officer, 
agent  or  employee  of  the  state,  or  to  any  such  contractor  for 
canal  repairs,  or  any  person  in  the  employ  of  such  contractor, 


248 


OF  WATER  PRIVILEGES. 


Waste- 
weirs  and 
races,  etc. 


or  to  any  other  person  having  any  charge  or  control  over  the 
canals  of  the  state,  or  the  locks,  waste-weirs  or  works,  or  the 
water  or  the  navigation  thereof  as  aforesaid,  any  money  or 
other  valuable  thing  in  consideration  of  or  as  an  inducement 
for  drawing  water  from  any  canal,  feeder  or  reservoir  belong- 
ing to  the  state ;  to-propel  any  machinery,  or  for  any  hydraulic 
or  other  purposes,  or  from  one  level  to  another  in  any  canal  in 
order  that  such  water  may  be  so  discharged,  shall  be  deemed 
guilty  of  a  misdemeanor ;  and,  on  conviction  thereof,  shall  be 
punished  in  the  same  manner  and  to  the  same  extent  as  is  here- 
tofore provided  in  this  section  for  like  offenses. 

§  601.  (1834,  ch.  312,  §  2.)  The  said  commissioners  are 
authorized  to  construct  all  such  waste-weirs  and  races  or  water 
ways,  as  they  shall  deem  necessary  and  proper,  to  conduct  the 
waters  designed  for  the  use  of  any  of  the  state  canals  around 
any  lock  or  locks  therein :  but  they  shall  not  permit  the  water 
passing  around  any  lock  from  one  level  of  the  canal  to  another, 
to  be  used  for  hydraulic  purposes,  except  the  same  be  taken 
and  used  under  or  by  virtue  of  a  grant  or  lease  thereof  author- 
ized by  law.1 

§  602.  (1839,  ch.  316,  §  1.)  The  canal  commissioners  are 
hereby  authorized  to  permit  the  surplus  water  flowing  over 
any  of  the  dams  on  the  Oswego  river,  to  be  used  for  hydraulic 
purposes,  by  the  owners  of  the  lands,  over  or  upon  which  such 
waters  may  flow,  under  such  regulations  and  restrictions  as 
they  may  impose,  and  subject  to  be  resumed,  in  whole  or  in 
part,  whenever  they  shall  think  proper,  without  any  right  of 
the  persons  receiving  such  permissions  to  claim  any  damages 
or  compensation  for  such  resumption ;  but  such  permission 
shall  not  be  given  to  use  any  water  on  the  levels  of  the  said 
canal,  nor  the  water  at  the  dam  nearest  the  village  of  Oswego. 

water  not  §  603.  (1861,  ch.  124,  §  5.)  It  shall  not  be  lawful  for  any  per- 
drawn  on  son  or  persons  to  draw  water  on  to  the  Syracuse  level,  from 
any  other  level  of  the  Erie  canal,  during  canal  navigation, 
except  what  is  necessary  in  lockage  of  boats,  the  filling  of  the 

1  This  section  is  from  the  first  law  for  doubling  the  locks  and  adapting 
the  canal  to  the  use  of  the  double  locks  from  Albany  to  Syracuse.  The 
latter  clause  seems  to  be  still  in  force. 

1868,  ch.  451,  provides  for  leasing  waters  at  the  Fort  Edward  lock,  under 
certain  conditions  and  restrictions.  As  to  surplus  waters  on  the  Glen  Falls 
feeder,  and  at  Arcadia  on  the  Erie  canal,  see  Laws  of  1848. 


Surplus 
waters, 
Oswego 
river. 


OF  WATER  PRIVILEGES  AND  SURPLUS  WATERS.  249 

level  iu  the  spring,  and  in  case  of  breaks  thereafter  except  by 
the  special  direction  of  the  canal  commissioners  or  the  state 
engineer  and  surveyor,  and  then  only  when  the  level,  from 
which  such  water  is  drawn,  contains  at  least  seven  feet  in  depth 
of  water.  Any  person  or  persons  who  shall  draw  or  use  Penalty, 
water  in  violation  of  the  provisions  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor,  punishable  by  fine  or 
imprisonment  for  each  offense  ;  the  fine  not  to  be  less  than  five 
hundred  dollars  or  exceeding  one  thousand  dollars,  and  the 
imprisonment  not  to  exceed  two  years  in  the  county  jail ;  one- 
half  of  the  fine  to  belong  to  the  complainant,  and  the  other 
half  to  the  canal  fund. 

§  604.  (E.  £,  §  97.)  The  canal  commissioners,  or  the  party 
aggrieved,  may  bring  a  writ  of  error  from  any  decision  of  the 
supreme  court  hereafter  to  be  made,  touching  any  claim  made 
against  the  state,  for  deprivation  of  any  right,  or  pretended 

NOTE. —  West  Troy  Arsenal — 1830,  ch.  322,  cedes  the  jurisdiction  of  cer- 
tain  lands  in  the  town  of  Watervliet  to  the  United  States,  "  but  always 
excepting  and  reserving  out  of  the  lands  above  described,  the  land  occu- 
pied by  the  Erie  canal,  one  rod  on  each  side  thereof,  and  also  the  public 
highway." 

Another  grant  made  in  1833,  ch.  96,  reserves  out  of  the  lands  described 
"  one  rod  in  width  along  the  west  side  of  the  Erie  canal." 

Under  a  concurrent  resolution,  1831,  page  438,  the  canal  board,  April  16, 
1833,  made  with  the  United  States  authorities,  an  agreement  for  the  use  of 
water  from  the  Erie  canal,  for  the  arsenal  at  West  Troy.  See  Assembly 
Doc.,  1869,  vol.  10,  No.  185,  and  Senate  Doc.,  1870,  vol.  7,  No.  139. 

The  consideration  for  this  permission  to  use  water  was  the  construction 
and  maintenance  of  the  canal  walls  and  bridges  by  the  United  States  within 
the  arsenal  grounds. 

The  permission  was  in  the  following  terms  : 

"  Resolved,  That  the  said  commandant  be  and  is  hereby  permitted  to  close 
the  present  waste-weir  near  the  arsenal  at  Watervliet,  and  draw  from  the 
Erie  canal,  at  or  near  the  place  where  the  said  waste-weir  is  located,  as 
much  water  as  can  'be  drawn  over  a  waste-weir,  which  shall  not  be  less  than  three 
and  a  half  feet  above  the  bottom  of  the  canal,  and  six  feet  long,  so  far  as  the 
water  therefrom  may  be  taken  without  injury  to  the  navigation  and  trans- 
portation on  said  canal,  and  on  the  limitations  and  conditions  provided  for 
in  the  canal  law,  Revised  Statutes,  part  1,  chapter  9,  title  9,  article  5,  section 
90,  Nos.  6  and  7,  and  on  the  further  condition  that  he  construct,  at  the 
expense  of  the  United  States,  under  the  direction  of  the  canal  commissioner 
on  that  section  of  the  canal,  a  waste-weir  twenty  feet  long,  and  construct 
and  forever  maintain,  at  the  expense  of  the  United  States,  a  race  from  the 
said  waste-weir  over  the  lands  of  the  United  States  to  the  Hudson  river." 

At  this  time  the  depth  of  the  water  in  the  canal  was  four  feet.     Since  the 
adoption  of  the  above  resolution,  the  state  has  enlarged  the  canal,  by  which 
a  depth  of  seven  feet  of  water  has  been  obtained. 
32 


250 


OF  WATER  PRIVILEGES. 


Proceed  - 
Ings. 


right,  to  the  use  of  any  water  or  water  privileges,  or  fisheries, 
in  consequence  of  the  construction  of  any  canal  or  feeder,  now 
or  hereafter  to  be  made,  whether  the  decision  be  made  upon 
any  case  arising  upon  a  mandamus  or  otherwise ;  and  although 
no  pleadings  were  had  or  issue  joined  in  the  cause. 

§  605.  (R.  S.,  §'98;  modified  1847,  ch.  280,  §  8.)  On  service 
of  such  writ  of  error  it  shall  be  the  duty  of  the  clerk  of  the 
supreme  court,  to  make  out  a  transcript  of  the  record,  or 
papers  and  documents,  on  which  such  decision  was  had,  and 
to  cause  the  same  to  be  filed  with  the  clerk  of  the  [court  of 
appeals]  in  twenty  days  after  service  of  the  writ. 

piers  and  §  606.  (1836,  ch.  384,  §  1.)  The  acting  canal  commissioners 
houses  at  are  hereby  authorized  and  directed,  if  in  their  opinion  the 
Rock  bar-  public  interest  shall  not  be  injured  thereby,  to  prescribe  the 
manner  in  which,  and  the  places  where,  the  owners  of  lands 
adjoining  the  Black  Rock  harbor,  may  build  piers  and  ware- 
houses, or  make  other  erections,  in  or  on  said  harbor,  for  the 
accommodation  of  lake  vessels:  Provided,  that  such  piers, 
warehouses  and  other  erections,  shall  be  so  made  as  not  to 
interrupt  the  canal  navigation  through  said  harbor,  nor  other- 
wise interfere  with  the  proper  use  of  the  waters  of  said  har- 
bor for  public  purposes.1 

Condition.  §  607.  (Same  cA.,  §  2.)  The  authority  hereby  given,  is  on 
condition  that  if  said  piers,  warehouses  and  other  erections 
shall  hereafter  be  found  incompatible  with  the  public  interest, 
the  same  shall  be  removed  when  required  by  the  legislature. 


Rights 
may  be 
granted  to 
erect 
buildings, 
etc.,  on 
dams  and 
use  the 
water. 


§  608.  (1840,  ch.  292,  §  1.)  Whenever  the  canal  commis- 
sioners shall  construct,  and  in  every  case  where  they  have 
heretofore  constructed  any  dam,  pier,  mole  or  other  work  in 
any  canal,  lake,  river  or  other  body  of  water,  the  canal  board 
is  hereby  authorized  and  empowered  to  grant  permission  to 
such  extent  and  on  such  terms,  conditions  and  stipulations  as 
said  board  may  deem  proper,  to  any  person  to  erect  on  such 
dam,  pier,  mole  or  other  work,  any  warehouse,  mill  or  other 
building,  suited  and  intended  to  be  used  for  commercial  or 
manufacturing  purposes,  or  for  any  purpose  incidental  and 
auxiliary  thereto,  and  to  use  such  amount  of  water  power  cre- 
ated by  such  dam,  pier,  mole  or  other  work,  as  may  in  the 


1  For  previous  legislation,  see  1825,  ch.  277,  §  8  ;  1826,  ch.  314,  §  24. 


OF  WATER  PRIVILEGES  AND  SURPLUS  WATERS.  251 

opinion  of  the  canal  board  be  so  erected  and  used  without 
injury  to  such  dam,  pier,  mole  or  other  work,  and  without 
detriment  or  obstruction  to  the  public  use  thereof,  or  to  the 
navigation  of  such  canal,  lake,  river  or  other  body  of  water 
therewith  connected ;  but  such  permission  as  aforesaid,  shall 
not  be  granted  in  any  case  other  than  the  pier  in  the  Niagara 
river  at  Black  Rock,  to  any  person  who  is  not  the  owner  of 
the  land  over  which  the  water  to  be  used  flows,  or  the  owner 
of  the  land  adjoining  the  river  or  other  stream  of  water  at  the 
place  where  any  such  dam,  mole  or  other  work  is  or  shall  be 
erected. 

§  609.  (Same  ch.,  §  2 ;  modified  1848,  oh.  162.)  Whenever  orders  to 
the  canal  board  shall  grant  any  permission  under  this  act,  such  anden-6 
permission  shall  be  expressed  by  a  resolution  of  said  board  theemi°i£ 
entered  at  full  length  on  its  minutes,  and  including  all  such  fufnength. 
terms,  conditions   and   stipulations  as  the  board  may  deem 
expedient,  and  such  permission  shall  be  executed  by  a  written  Lease, 
lease,  in  duplicate,  to  be  signed  by  the  [auditor]  in  the  name 
of  the  people  of  the  state  of  New  York,  and  by  the  lessee  on 
the  other  part,  and  one  duplicate  of  such  lease  shall  be  depos- 
ited in  the  canal  room  for  the  use  of  the  canal  board,  and  the 
other  duplicate  shall  be  delivered  to  the  lessee ;  and  a  copy 
thereof,  or  of  the  resolution  aforesaid,  certified  by  the  clerk  of 
the  canal  board,  shall  in  all  cases  be  evidence  equally  and  in  the 
same  manner  as  the  original. 

§  610.  (Same  oh.,  §  3.)      Every  building  erected  by  the  Buildings 
permission  of  the  canal  board  under  this  act,  shall  be  erected  on  howrtoabe 
such  part  of  any  dam,  pier,  mole  or  other  work,  and  shall  be  ed. 
constructed  on  such  plan,  and  shall  not  exceed  such  dimensions 
as  may  receive  the  approval  and  consent  of  the  board  of  canal 
commissioners,  and  be  by  them  specified  in  a  written  resolution, 
to  be  entered  at  full  length  in  the  minutes  of  that  board,  and  a 
copy  of  such  resolution  certified  by  the  secretary  of  said  board 
with  the  written  assent  of  the  lessee  thereto  annexed,  shall  be 
delivered  by  the  said  secretary  to  the  clerk  of  the  canal  board, 
to  be  deposited  in  the  canal  room  before  the  delivery  of  the 
lease  mentioned  in  the  preceding  section.     A  copy  of  such 
resolution  of  the  board  of  canal  commissioners,  certified  by  the 
secretary  thereof,  shall  in  all  cases  be  evidence  equally  and  in 
the  same  manner  as  the  original. 


252 


OF  WATER  PRIVILEGES. 


Limita- 
tion. 


Proceed- 
ings in 
case  of 
non-pay- 
ment of 
rent. 


§  611.  (Same  ch.,  §  4.)  This  act  shall  not  impair  the 
restriction  as  to  leasing  surplus  waters,  made  by  joint  resolu- 
tion of  the  senate  and  assembly,  passed  April  25,  1831.1 

§  612.  (1842,  ch.  274;  modified  1848,  oh.  162.)  Whenever 
any  lease  for  surplus  waters  of  Black  Rock  harbor,  may  become 
liable  to  forfeiture  in  consequence  of  the  non-payments  of  the 
rents  due  thereon  ;  before  declaring  the  same  forfeited,  the 
[auditor]  shall  give  at  least  six  months'  notice,  in  two  news- 
papers published  in  the  county  of  Erie,  that  the  same  will  be 
forfeited  unless  the  rents  due  shall  then  be  paid,  with  the  costs 
of  such  advertising ;  if  the  rents  shall  not  then  be  paid,  the 
canal  board  may  direct  that  any  separate  privilege  of  taking 
and  using  water  included  in  such  lease,  the  rent  on  which 
separate  privilege  has  been  regularly  paid,  which  shall  be 
occupied  and  applied  to  any  machinery,  shall  be  separately 
exposed  to  sale ;  or  they  may  require  the  canal  appraisers  to 
estimate  and  appraise  the  value  of  such  separate  privilege, 
having  reference  to  the  terms  of  the  original  lease  and  subject 
to  the  approval  of  the  canal  board ;  and  upon  receiving  such 
appraisal  the  canal  board  may  sell  such  privilege  to  the  person 
so  occupying  the  same,  as  shall  be  deemed  just  and  equitable, 
under  the  circumstances,  and  may  thereupon  cause  a  lease  for 
such  privilege  to  be  executed  according  to  law." 

§  613.  (1873,  oh.  766,  §  1.)  The  action  of  the  canal  board, 
at  a  meeting  thereof,  held  on  the  eighth  day  of  November, 
eighteen  hundred  and  seventy-two,  in  adjusting  the  rent  due 
the  state,  from  the  holders  of  leases  of  surplus  waters  of  the 


1  Concurrent  Resolution,  1831,  p.  437,  as  follows  : 

IN  ASSEMBLY,  April  23, 1831. 

Resolved  (if  the  senate  concur  herein),  That  the  canal  commissioners  do 
suspend  all  further  proceedings  under  the  statute  authorizing  the  leasing 
of  the  waters  of  the  canals,  and  of  any  works  appendant  thereto. 

IN  SENATE,  April  25, 1831. 

Resolved,  That  the  senate  do  concur  with  the  assembly  in  said  resolution, 
with  an  amendment  by  adding  thereto  the  words  following,  to  wit :  "  Ex 
cept  the  surplus  waters  at  Black  Rock,  and  at  the  Troy  dam."  See,  also, 
proceedings  canal  board,  Feb.  21,  1866. 

*  For  a  full  report  on  use  of  surplus  waters  at  Black  Rock,  see  Assembly 
Documents,  1870,  vol.  7,  No.  139,  pp.  10,  61  and  map  ;  also  canal  board 
proceedings,  April  11,  1,866,  and  Auditor  Bell's  report  on  leases  outstanding, 
1871,  p.  82,  and  resolution  of  canal  board  as  to  payments  upon  leases  at 
Black  Rock  up  to  1861.  (Proceedings,  1872,  p.  167.) 


OF  SUPERINTENDENTS  OF  REPAIRS.  253 

Erie  canal  at  Black  Rock,  is  legalized  and  confirmed,  and  the 
four  thousand  and  eight  hundred  dollars  paid  by  the  owners 
of  such  lease  in  pursuance  of  such  settlement,  are  accepted  in 
full  payment  and  settlement  of  the  rent  due  on  account 
of  all  leases  of  surplus  waters  of  the  Erie  canal  at  Black  Rock, 
up  to  and  including  the  year  eighteen  hundred  and  seventy- 
two  ;  but  the  owners  of  such  leases  shall  not,  by  virtue  of  any 
thing  herein  contained,  be  released  from  the  payment  of  rent 
accruing  by  virtue  of  the  terms  of  their  leases  on  and  after  the 
year  eighteen  hundred  and  seventy-two. 


ARTICLE  VI. 

OF    THE     SUPERINTENDENTS    OF    REPAIRS,    AND    THE    COLLECTORS 

OF   TOLLS. 

SECTION  620.  Superintendents  of  repairs  and  collectors  of  tolls  shall  give 
bonds. 

SUPERINTENDENTS. 

621.  Duty  of  superintendent. 

622.  Shall  be  under  direction  of  canal  commissioners. 

623.  Shall  make  detailed  estimates  of  anticipated  objects  of  ex. 

penditures. 

624.  Commissioner  to  certify  thereto,  in  whole  or  in  part,  and  the 

auditor  to  advance  the  amount  certified. 

625.  Materials  and  tools  how  purchased. 

626.  Contracts  for  materials,  etc.,  to  be  in  writing  and  filed  in  canal 

department. 

627.  Commissioner  to  certify  to  his  approval  or  dissent  as  to  each 

object  of  expenditure  named  in  detailed  estimate. 

628.  Canal  commissioners  to  fix  rates  of  compensation  for  labor. 

629.  Tools,  materials,  etc.,  how  purchased ;  superintendents  to  be 

removed  who  do  not  observe  all  the  directions  of  detailed 
estimates. 

630.  To  account  to  the  auditor  as  often  as  once  in  sixty  days  ;  duty 

of  auditor  in  case  of  neglect,  etc. 

631.  Account  to  be  certified  by  commissioner  before  presented. 

632.  To  cause  noxious  weeds  to  be  cut. 

633.  Consequence  of  neglect. 

634.  To  give  personal  and  constant  attention  to  their  duties. 

635.  To  take  receipts  only  for  actual  payments. 

636.  Purchases  to  be  made  for  cash ;  vouchers  to  be  filled  up  at 

the  time  they  are  taken. 

637.  To  appoint  lock-tenders,  foremen,  etc. 

638.  Abstract  of  expenditures  to  be  published  monthly  ;  expenses 
%  of  publishing,  how  paid. 

639.  To  file  abstract  in  certain  cases  in  clerk's  office. 


254:  OF  SUPERINTENDENTS  OF  REPAIES. 

SECTION  640.  Auditor    to    prescribe    form   of    abstracts ;    blanks    to    b« 

printed,  etc. 

641.  Certificate  of  filing  to  be  sent  to  auditor. 
643.  Abstract  filed  to  be  subject  to  public  inspection. 

643.  Eight-hour  law. 

644.  To  whom  it  applies. 

645.  Penalty'for  violation. 

646.  Contractors  violating,  to  forfeit  contract,  etc. 

647.  May  enter  on  lands,  take  materials,  and  destroy  or  remove 
»  boats,  etc.,  in  certain  cases. 

COLLECTORS  OF  TOLLS. 

650.  To  keep  account  of  tolls  received. 

651.  To  make  abstracts  of  daily  receipts  and  send  auditor  weekly. 

652.  To  deposit  every  two  weeks  money  received,  in  banks  desig- 

nated by  canal  board. 

653.  Banks  to  transmit  monthly  account  to  auditor 

654.  May  refund  tolls  erroneously  paid. 

655.  Omitting  to  deposit  tolls ;  auditor  to  issue  warrant  upon  his 

property  and  that  of  his  sureties. 

656.  Sheriff,  to  whom  warrant  is  directed,  to  execute  immediately. 

657.  Office  of  assistant  collector  abolished. 

658.  No  power  to  hire  offices  without  consent  of  canal  commis- 

sioner; not  to  select  any  person  to  measure  or  inspect 
timber  or  lumber. 

659.  Compensation  to  be  fixed  by  canal  board  at  time  of  appoint- 

ment ;  not  to  employ  clerks  except  as  certified  by  auditor. 

660.  Ten  inspectors  and  measurers  of  lumber  and  timber,  etc.,  to 

be  appointed  by  canal  board. 

661.  They  are  authorized  to  administer  oaths. 

662.  Collectors  not  to  give  credit  for  tolls. 

663.  Collectors  and  weigh-masters  to  reside  at  places  where  offices 

are  located  ;  weigh-masters  to  enter  light  weight  of  boat  on 
clearance  ;  penalty  for  making  false  entry. 

664.  Collector  in  New  York  not  to  give  clearance  till  harbor-mas 

ter's  fees  are  paid ;  may  be  paid  to  collectors. 

OF  SUPERINTENDENTS  AND  COLLECTORS. 

TO  give  §  620.  (R.  /&,  §  99.)      Each  superintendent  of  repairs  and 

every  collector  of  tolls,  before  he  shall  enter  on  his  official 
duties,  shall  execute  and  file  in  the  [canal  department]  a  bond 
for  the  faithful  execution  of  his  trust,  in  such  penalty  and 
form  as  the  canal  board  shall  direct,  and  with  such  sureties  as 
the  [auditor]  shall  approve. 

OF   SUPERINTENDENTS. 

Duty  of  §  621.  (JR.  S.,  §  100.)  It  shall  be  the  duty  of  each  super- 
tendent.  mtendent,  under  the  direction  of  the  canal  commissioners,  tp 
4  mil,  m9;  keep  in  repair  such  sections  of  the  canals  and  works  connected 

1  As  amended  1848.  ch.  162. 


OF  SUPERINTENDENTS  OF  REPAIRS.  255 

therewith,  as  shall  be  committed  to  his  charge;  to  make  all  42N.Y.47; 

i    c    •  i   <•    11  54  Barb. 

necessary  contracts  for  that  purpose,  and  faithfully  to  expend  172. 
all  such  moneys  as  shall  be  placed  in  his  hands  by  the  canal 
commissioners  or  the  [treasurer  on  the  warrant  of  the  auditor].1 

§  622.  (B.  S.,  §  101.)    Each  superintendent  shall  be  under  n>. 
the  direction  of  the  canal  commissioners,  and  especially  of  the 
acting  commissioner,  having  charge  of  the  line  of  the  canal, 
on  which  such  superintendent  is  employed. 

§  623.  (1837,  ch.  451,  §  7.) 1     Before  any  advance  of  money  Detailed 

L  11    i  •    A      J  .c  i  •        -u      ^     estimates, 

shall  be  made  to  a  superintendent  of  canal  repairs  by  the 
[auditor]  he  shall  make  out  a  detailed  statement,  in  such  form 
as  the  said  [auditor]  shall  prescribe,  of  the  several  anticipated 
objects  of  expenditure  on  the  line  of  the  canal  under  his 
charge. 

§  624.  (Same  ch.,  §  8.) '     If  the  said  estimate  shall  be  filed  TO  be  cer- 
in  the  [canal  department,]  with  the  certificate  thereon  of  the  filed, 
acting  canal  commissioner,  stating  that  in  his  opinion,  the 
whole  amount  or  if  less  than  the  whole  amount,  what  portion 
of  the  said  estimate  should  be  advanced  [the  auditor]  may 
make  advances  on  the  same,  in  such  sums,  and  as  often  as  they 
may  deem  necessary ;  provided  such  advances  shall  not  exceed 
the  amount  certified  by  the  commissioner. 

§  625.  (1849,  oh.  363.)     The  canal  commissioners  are  hereby  Materials 
authorized  to  direct  the  superintendents  of  canal  repairs  to  how  pur^ 
purchase  materials  and  tools  for  the  ordinary  repairs  of  the 
canals,  without  advertising  for  the  same,  whenever  in  their 
opinion  the  interests  of  the  state  will  be  promoted  thereby ; 
and  shall  not  be  bound  to  accept  proposals  unless  they  deem 
it  for  the  interests  of  the  state." 

§  626.  (1859,  ch.  495,  §  2.)     All  contracts  entered  into  by  contracts 
any  canal  commissioner,  superintendent  of  canal  repairs,  or  teriai. " 
engineer  in  charge  of  repairs,  for  the  delivery  of  timber  or 
lumber  for  the  repairs  of  the  canals,  or  to  do  or  complete  a 
specific  job  of  work  relating  to  such  repairs,  and  involving  the 

1  As  modified  by  Laws  of  1848,  ch.  162. 

2  For  provisions  of  ch.  278  of  1847,  relating  to  the  purchase  of  tools  and 
materials  for  ordinary   repairs,  by  advertising  for  sealed  proposals,  see 
article  2  of  this  chapter,  "  Of  the  canal  commissioners,"  ante,  §§  528-335  and 
note. 


256  OF  SUPERINTENDENTS  OF  KEPAIRS. 

performance  of  labor,  and  the  furnishing  of  materials,  when 
not  advertised  to  be  let  to  the  lowest  bidder,  shall  be  in 
writing ;  and  such  contract,  duly  authenticated,  shall,  within 
fifteen  days  after  the  same  shall  be  executed,  and  before  any 
money  shall  be  paid  thereon,  be  filed  in  the  canal  department ; 
and  all  such  contracts  shall  state  the  time  within  which  the 
same  is  to  be  performed  and  executed,  which  shall  not  exceed 
one  year  from  the  date  thereof. 

statement  §  627.  (Same  cA.,  §  8.)  When  any  superintendent  of  canal 
diture.  repairs,  or  resident  engineer  having  charge  of  such  repairs, 
shall  submit  to  the  canal  commissioner  in  charge  the  detailed 
statement  of  the  several  anticipated  objects  of  expenditure  on 
the  line  of  the  canal  under  his  charge,  it  shall  be  the  duty  of 
such  commissioner,  if  he  dissents  from  any  particular  object 
of  expenditure  set  forth  in  such  estimate,  in  whole  or  in  part, 
or  if  he  shall  consider  the  sum  estimated  for  the  objects  named 
to  be  larger  than  will  be  required,  to  state,  in  writing,  on  the 
estimate,  his  allowance  or  disallowance  of  each  particular  ob- 
ject of  expenditure  named  therein,  and  of  the  amount  which 
in  his  judgment  may  be  required  for  each  work  or  object ; 
and  every  such  superintendent  and  engineer  shall  apply  the 
sums  so  estimated  and  allowed  to  the  work  or  object  named 
in  such  estimate,  and  to  no  other  purpose  whatever.  And 
all  orders  and  directions  given  by  any  engineer  to  any  con- 
tractor on  the  public  works,  during  the  progress  of  the  same, 
and  in  relation  thereto,  shall  be  in  writing. 

Bate  of  §  628.  (1866,  ch.  836,  §  1.)     No  superintendent  of  repairs 

compensa-  .  .  . 

tiou  for  shall  pay  a  higher  price  or  compensation  to  any  foreman,  lock- 
tender  or  other  subordinate  person  necessary  to  enable  him  to 
discharge  his  official  duties,  nor  for  any  double  or  single  team, 
nor  for  any  mechanical  labor,  than  shall  be  fixed  by  the  board 
of  canal  commissioners ;  and  it  shall  be  the  duty  of  the  said 
board  of  canal  commissioners  to  fix,  from  time  to  time,  the 
rate  of  compensation  for  the  labor  and  service  herein  men- 
tioned, and  shall  notify  the  several  superintendents  and  the 
auditor  of  the  canal  department  thereof,  and  no  resolution  of 
the  said  board,  increasing  the  rates  of  compensation  for  labor 
and  service  beyond  a  price  previously  fixed,  shall  have  a  retro- 
active effect. 

Certificate       §  629.  (Same  ch.,  §  3.)     No  superintendent  of  canal  repairs 
eornmis-     shall  have  any  authority  to  contract  for  the  delivery  of  or  to 


OF  SUPERINTENDENTS  OF  REPAIRS.  257 

purchase   any  tools,  implements,  materials,   boats   or   other  sioner 

-i    •        i  *  /*     i  i  nscGSStiry 

matter  or  thing  to  be  used  m  the  repairs  of  the  canals,  except  to  an  pur- 

*  A      chases. 

upon  the  certificate  of  the  canal  commissioner  in  charge  first 
had  and  obtained,  designating  the  number  and  quantities  with 
the  price  to  be  paid  for  such  tools,  implements,  materials  and 
boats:  and  every  superintendent  of  repairs  who  shall  violate  Penalty  f:r 

ft.  •  i          i     11  i  /.  applica- 

the  provisions  of  this  section,  or  who  shall  apply  any  of  the  tion  of 

,    ,       ,  .  ,        .,     ,  .  ,   .  moneys 

moneys  received  by  him  upon  a  detailed  estimate,  to  objects,  otherwise 
works  or  purposes  other  than  what  is  specifically  named  and  sighted. 
described  in  the  detailed  estimate  upon  which  the  moneys 
were  advanced  to  him,  shall  be  removed  from  office,  and  the 
canal  board  are  hereby  authorized  and  directed  to  hear  and 
determine  all  complaints  made  against  any  superintendent  of 
repairs  for  a  violation  of  the  provisions  of  this  section,  but  Exception. 
the  provisions  of  this  section  do  not  apply  to  sudden  breaks 
and  breaches  in  the  canals  during  navigation,  when  the  neces- 
sities of  the  case  may  call  for  immediate  action  before  the 
canal  commissioner  can  be  consulted. 

§  630.  (R.  <£,  §  102.1)     Each  superintendent  shall,  as  often  TO  account 

i       i  •  ii-T-i!       to  auditor 

as  once  in  sixty  days,  render  his  account  to  the  [auditor],  who 
shall  audit  the  same  ;  and  if  any  superintendent  shall  omit  to 
render  his  account,  or  his  account  as  rendered  be  not  satis- 
factory, the  [auditor]  shall  notify  the  canal  board  and  the 
commissioners  of  the  canal  fund  thereof;  and  no  further 
advances  of  money  shall  be  made  to  such  superintendent,  but 
he  shall  be  immediately  removed  from  office. 

§  631.  (R.  S.,  §  103.1)  Before  any  superintendent's  account 
for  expenditures  shall  be  presented  to  the  [auditor],  the  canal 
commissioner  having  charge  of  that  part  of  the  canal  on  which 
such  superintendent  is  employed,  shall  certify  on  such  account 
that  he  has  examined  the  same  ;  that  the  several  disbursements 
specified  therein,  were  made  under  his  direction  on  the  canal, 
or  for  repairs  necessary  to  be  made  thereon;  and  that  he 
believes  such  disbursements  to  be  proper  and  reasonable,  and 
to  have  been  made,  as  charged. 


§  632.  (1847,  oh.  100,  §  1.)  It  shall  be  the  duty  of  the 
superintendents  of  canals,  to  cause  all  Canada  thistles  and 
other  noxious  weeds,  growing  on  the  banks  and  sides  of  the  **>  cut 

1  As  modified  by  Laws  of  1848,  ch.  162. 

33 


258 


OF  SUPERINTENDENTS  OF  REPAIRS. 


Provision 
in  case  of 
refusal  or 
neglect. 


Duty  of 
superin- 
tendents. 


Receipts. 


canals,  to  the  width  owned  by  the  state,  to  be  cut  down  twice 
in  each  and  every  year,  once  between  the  fifteenth  day  of 
June,  and  the  first  day  of  July,  and  once  between  the  fifteenth 
day  of  August  and  the  first  day  of  September. 

§  633.  (Same  ch.,  §  2.)  If  the  said  officers  shall  refuse  or 
neglect  to  cause  the  same  to  be  cut  at  the  times  as  aforesaid, 
it  shall  be  lawful  for  any  person  or  persons,  to  cut  the  same 
between  the  first  and  fifteenth  days  of  July,  and  between  the 
first  and  fifteenth  days  of  September,  in  each  and  every  year, 
at  the  expense  of  the  superintendents  having  charge  of  the 
sections  on  which  such  thistles  and  noxious  weeds  shall  be  so 
cut,  at  the  rate  of  one  dollar  per  day  for  the  time  occupied  in 
so  cutting,  to  be  recovered  in  any  court  of  justice  in  this  state. 

§  634.  (1851,  ch.  57,  §  1.)  Superintendents  appointed  by 
the  canal  board  on  the  several  canals  of  this  state,  shall  give 
their  personal  and  constant  attention  to  the  duties  of  their  office. 

§  635.  (Same  ch.,  §  2.)  No  superintendent,  appointed  as 
aforesaid,  shall  under  any  pretense  whatever  take  a  receipt 
for  labor  done,  services  performed  or  materials  furnished  for 
the  canals,  when  the  money  shall  not  be  actually  paid. 

§  636.  (1840,  oh.  310,  §  1 ;  amended  1855,  ch.  535,  §  3.) 
All  purchases  for  the  use  of  any  department,  office,  or  work  of 
the  government,  shall  be  for  cash,  and  not  on  credit  or  time. 
Each  voucher,  whether  for  a  purchase  or  for  a  service,  or 
other  charge,  shall  be  filled  up  at  the  time  it  is  taken ;  and  in 
all  cases  where  the  payment  is  not  made  directly  by  the  treas- 
urer or  governor,  proof  in  some  apt  form  shall  be  furnished 
on  oath,  that  it  was  so  filled  up  at  the  time  it  was  taken,  and 
that  the  money  mentioned  therein  to  have  been  paid,  was  in 
fact  paid  in  cash  or  by  draft  on  some  specified  bank.  The 
auditor  in  all  cases  when  moneys  are  paid  from  the  canal 
revenues,  loans  or  fund,  and  the  comptroller  in  all  cases  when 
payments  are  made  from  any  other  revenue  or  fund,  shall 
from  time  to  time  prescribe  rules,  regulations  and  forms  to 
secure  the  faithful  observance  of  this  section,  and  may  in  all 
cases,  if  they  shall  deem  necessary,  require  proof  on  oath  of 
the  payment  of  the  money  as  aforesaid. 

TO  appoint      §637.  (1861,  ch.  5Y,  §  3.)     Each  superintendent,  so   ap- 
«tcem<        pointed,  shall  have  power  to  appoint  his  own  foreman,  lock- 


To  pur- 
chase for 
casb. 


OF  SUPERINTENDENTS  OF  REPAIRS.  259 

tenders  and  other  subordinate  persons  necessary  to  enable  him 
to  discharge  his  official  duties,  and  the  compensation  to  each 
shall  not  exceed  the  rate  of  compensation  established  by  the 
board  of  canal  commissioners.  But  the  canal  commissioner  in 
charge  of  any  section  of  the  canal  in  which  any  foreman,  lock- 
tender,  or  other  subordinate  person  may  be  employed,  or  the 
board  of  canal  commissioners  shall  have  absolute  power  to 
remove  any  foreman,  lock-tender  or  other  subordinate,  for 
misconduct,  incompetency  or  neglect  of  duty,  provided  such 
canal  commissioner,  or  the  board  of  canal  commissioners,  mak- 
ing such  removal,  shall  specify  the  cause  of  such  removal  in 
writing  and  file  the  same  in  the  office  of  the  auditor  of  the 
canal  department  within  ten  days  from  the  date  of  such 
removal.  In  case  of  the  removal  of  any  such  foreman,  lock- 
tender  or  other  subordinate,  it  shall  be  the  duty  of  the  com- 
missioner or  the  board  of  canal  commissioners  making  such 
removal  immediately  to  notify  the  superintendent  in  charge 
of  the  section  of  the  canal,  where  such  removal  shall  be  made 
of  the  fact  of  such  removal ;  and  in  case  the  superintendent 
shall  neglect  or  refuse  for  three  days  to  fill  the  vacancy  thus 
created,  and  to  notify  the  commissioner  or  board  of  canal 
commissioners  thereof,  it  shall  be  the  duty  of  the  canal  commis- 
sioner, or  the  board  of  canal  commissioners  making  such 
removal  to  fill  such  vacancy. 

§  638.  (1853,  ch.  52,  §  1.)     It  shall  be  the  duty  of  each  Pubiica- 
canal  superintendent  of  this  state,  on  or  before  the  fifteenth  stract  of 

.  expendi- 

day  of  each  month,  to  publish  in  some  newspaper,  printed  in  tures  by 
any  county  through  which  any  part  of  his  section  of  the  canal  tendent. 
shall  pass,  an  abstract  of  his  official  disbursements  during  the  pre- 
ceding month,  stating  therein  the  name  and  residence  of  the  per- 
son to  whom  he  has  paid  money  and  the  amount  paid  to  each  ;  if 
for  labor,  the  number  of  days  and  the  amount  per  day ;  if  for 
materials,  the  kind,  quantity  and  price ;  which  abstract  shall 
be  published  in  the  entire  edition  of  such  newspaper,  and  shall 
be  verified  by  the  oath  of  such  superintendent.      The  expense  Expense 
of  such  publication  shall  not  exceed  the  sum  of  fifteen  dollars, 
to  be  regulated  and  fixed  by  the  auditor  of  the  canal  depart- 
ment;  may  be  paid  by  such  superintendent  out  of  public 
moneys  in  his  hands,  the  expense  thereof  to  be  included  in  and 
published  in  his  next  abstract  of  official  disbursements.1 

1  See  canal  board  proceedings,  1872,  page  91. 


260 


OF  SUPERINTENDENTS  OF  REPAIRS. 


TO  me  ab-  §  639.  (Same  ch.,  §2.)  Should  the  canal  superintendent  be 
clerk's  unable  to  procure  the  publication  as  aforesaid  for  the  sum  men- 
certain  tioned,  then  it  shall  be  his  duty  to  make  and  file  such  abstract 

cases.  ,  '  * 

in  the  county  clerk's  office  in  the  county  in  which  he  shall 
reside,  or  in  the  town  clerk's  office  in  the  town  through 
which  his  section  of  the  canal  shall  pass,  as  the  said  auditor 
shall  direct. 

Audit9rto  §  640.  (Same  ch.,  §  3.)  The  auditor  of  the  canal  department 
Form  of6  shall  prescribe  the  form  of  such  abstract,  and  cause  the  neces- 
and  sary  blanks  to  be  printed  and  sent  to  the  superintendent,  to- 

gether with  such  instructions  for  publication  or  filing  as  will 
be  necessary  to  insure  uniformity  in  the  same. 

certificate       §  641.  (Same  ok.,  §  4.)      Immediately  after  the  publication 

be  sentgto°  or  filing  such  abstract  in   the  county  or  town  clerk's  office, 

tor'      he  shall  transmit  to  said  auditor  a  certificate  to  the  effect  that 

the  same  has  been  filed  or  published  according  to  law,  in  which 

he  shall  state  the  aggregate  amount  of  such  abstract,  the  form 

of  which  certificate  shall  also  be  prescribed  by  said  auditor. 

subject  to  §  642.  (Same  ch.,  §  5.)  Said  abstract  so  filed  shall  be  subject 
lion"60"  to  the  inspection  of  the  public  at  all  reasonable  office  hours. 


Eight- 
hour  law. 


§  643.  (1870,  ch.  385,  §  1.)  On  and  after  the  passage  of  this 
act,  eight  hours  shall  constitute  a  legal  day's  work  for  all 
classes  of  mechanics,  working  men  and  laborers,  excepting 
those  engaged  in  farm  and  domestic  labor ;  but  overwork  for 
an  extra  compensation  by  agreement  between  employer  and 
employee  is  hereby  permitted. 

TO  whom        §  644.  (Same  ch.,  §  2.)  This  act  shall  apply  to  all  mechanics, 

it  applies.    working  men  and  laborers  now  or  hereafter  employed  by  the 

state,  or  any  municipal  corporation  therein,  through  its  agents 

or  officers,  or  in  the  employ  of  persons  contracting  with  the 

state  or  such  corporation  for  performance  of  public  works. 


Penalty 
for  viola- 
tion of. 


§  645.  (Same  ch.,  §  3.)  Any  officer  or  officers,  or  agents  of 
this  state,  or  of  such  corporation,  who  shall  openly  violate  or 
otherwise  evade  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  malfeasance  in  office,  and  be  liable  to  suspension  or 
removal  accordingly  by  the  governor  or  head  of  the  depart- 
ment to  which  such  ofiicer  is  attached. 


OF  COLLECTORS.  261 

§  646.  (Same  ck.,  §  4.)  Any  party  or  parties  contracting  DO. 
with  the  state,  or  any  such  corporation,  who  shall  fail  to  com- 
ply with,  or  secretly  evade  the  provisions  hereof,  by  exacting 
and  requiring  more  hours  of  labor,  for  the  compensation 
agreed  to  be  paid  per  day,  than  is  herein  fixed,  shall,  on  con- 
viction thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be 
punished  by  a  fine  not  less  than  one  hundred  nor  exceeding 
five  hundred  dollars,  and  in  addition  thereto,  shall  forfeit  such 
contract  at  the  option  of  the  state.1 

§  647.  (R.  S.,  Chap.  IX,  Art.  II,  §  23  ;  amended  1870,  ch.  May  enter 
222.)  "Whenever  the  navigation  of  any  of  the  canals  shall  be  take  ma-' 

terials  and 

interrupted  or  endangered,  it  shall  be  the  duty  of  the  com-  destroyer 

T   i  .     .    *  .  remove 

missioners,  without  delay,  to  repair  the  injury  causing  or  boats,  etc. 
threatening  such  interruption,  and  for  that  purpose,  they  shall  cases- 
have  power,  by  themselves  or  their  agents,  to  enter  upon  and 
use  any  contiguous  lands,  and  to  procure  therefrom  all  such 
materials  as  in  their  judgment  may  be  necessary  or  proper  to 
be  used  in  making  such  repairs.  And  whenever  the  naviga- 
tion of  any  of  the  canals  shall  be  interrupted  or  endangered, 
any  commissioner  or  superintendent  may,  if  in  his  judgment 
it  is  necessary  or  proper  to  do  so,  cut  up,  destroy  or  remove 
any  canal  boat,  vessel  or  other  thing  in  or  partly  in  the  canal, 
and  the  damages  in  consequence  thereof  shall  be  assessed  in 
the  manner  provided  by  chapter  two  hundred  and  eighty- 
seven  of  the  laws  of  1836. 

OF  COLLECTOKS. 

§  650.  (R.  S.,  %  104.)  The  collectors  of  tolls  shall  keep  ac-  Duty  of 

'  .  *  collectors. 

counts  of  all  tolls  received  by  them,  in  such  form  as  shall  be 
prescribed  from  time  to  time  by  the  [auditor,]  and  shall  de- 
posit such  original  books  of  account,  together  with  such  clear- 
ances and  other  papers  as  he  shall  require,  in  the  [canal  depart- 
ment,] on  or  before  the  tenth  day  of  January  in  each  year. 

S  651.  (R.  S.,  §  105.)    They  shall  also  make  abstracts  from  n> 

*  Abstracts. 

such  books  showing  the  amount  of  tolls  received  by  them  each 
day,  and  transmit  the  same  by  mail,  to  the  [auditor]  four 
times  in  each  month,  on  such  days  as  he  shall  direct. 

§  652.  (J2.  /S.,  §  106.)    They  shall  deposit  the  moneys  re-  Deposits 
ceived  by  them  for  tolls,  to  the  credit  of  the  treasurer  of  this 

1  §  6  of  this  act  repeals  the  eight-hour  law  of  1867,  ch.  856 


262  OF  SUPERINTENDENTS  OF  REPAIRS. 

state,  at  least  once  in  two  weeks,  in  such  banks  as  may,  from 
time  to  time,  be  designated  by  the  canal  board. 

Duty  of  §  653.  (R.  S.9  §  107.)  The  [auditor]  shall  require  the  several 
banks  so  designated,  to  transmit  to  him,  by  mail,  a  monthly 
account  of  deposits  by  the  collectors  of  tolls  ;  and  if  any  bank 
shall  neglect  to  comply  with  such  requisition,  or  he  shall 
doubt  its  solvency,  he  shall  direct  such  deposits  to  be  made  in 
such  other  bank  as  he  shall  designate,  until  the  further  order 
of  the  canal  board.1 

Refunding  §  654.  (R.  >&,  §  108.)  The  collectors  may  be  authorized  to 
refund  tolls  erroneously  paid  to  them,  or  which  equitably 
ought  to  be  refunded,  under  such  regulations  as  shall  be  pre- 
scribed by  [the  auditor.]  * 

Proceed-  §  655.  (R.  /&,  §  109.)  If  any  collector  of  tolls  shall  neglect 
to  deposit,  according  to  law  and  the  directions  of  the  [au- 


ditor,] the  moneys,  that,  from  the  abstracts  of  returns  made  to 
the  [auditor,]  he  shall  appear  to  have  collected  for  tolls,  the 
[auditor]  may  issue  a  warrant,  under  his  hand  and  seal,  directed 
to  the  sheriff  of  any  county  where  such  collector  or  any  of 
his  sureties  may  be  found,  thereby  commanding  such  sheriff 
to  cause  the  amount  of  tolls  in  the  hands  of  such  collector  (or 
such  part  thereof  as  the  [auditor]  shall  direct  by  the  war- 
rant), to  be  made  and  levied  of  the  goods  and  chattels,  lands 
and  tenements  of  such  collector  ;  and  in  case  the  same  shall 
not  be  sufficient,  then  of  the  goods  and  chattels,  lands  and 
tenements  of  the  sureties  of  such  collector  ;  and  to  return  the 
money,  together  with  the  warrant  and  his  doings  thereon  to 
the  [auditor]  within  sixty  days  from  the  date  thereof.' 

ib.  §  656.  (R.  S.,  §  110.)  The  sheriff  to  whom  such  warrant 

shall  be  directed,  shall  immediately  cause  the  same  to  be  exe- 
cuted ;  and  may  demand  and  collect  the  same  fees  for  execut- 
ing the  same,  as  are  allowed  by  law  for  the  service  of  execu- 
tions issuing  out  of  the  supreme  court. 

Office  of         §  657.  (1859,  ch.  495,  §  3.)  The  office  of  assistant  collectors 

;tor     or  assistants  to  collectors  of  canal  tolls  on  the  canals  is  hereby 

29N.Y.534.  abolished,  and  the  duties  pertaining  to  that  office  shall  here- 

after be  performed  by  the  collectors  of  tolls,  except  as  herein 

provided. 

1  Modified  by  ch.  162,  Laws  of  1848. 


OF  COLLECTOKS.  263 

§  658.  (Same  ch.,  §  4.)  The  collectors  of  canal  tolls  shall  not  Room  to 
have  the  power  to  select  or  hire  a  room  or  building  to  be  occu-  pi 


pied  as  a  collector's  office,  without  the  consent  of  the  canal  office. 
commissioners  in  charge  of  the  division  of  the  canals  on  which 
such  collector  shall  be  appointed,  and  where  such  office  may  be 
located  ;  nor  shall  any  money  be  paid  for  the  rent  of  any  col- 
lector's office  unless  such  canal  commissioner  shall  have 
approved  of  the  amount  agreed  to  be  paid  for  the  rent  of  any 
such  office.  Collectors  of  canal  tolls  shall  not  have  the  power 
to  designate  or  select  any  person  to  measure,  count  or  inspect 
any  timber  or  lumber  carried  in  rafts  or  boats  on  the  canals  of 
this  state. 

§  659.  (Same  ch.,  §5.)  The  canal  board  shall,  from  year  to  Compensa- 
'  °     '  if.         •  tlon  to  be 

year,  when  the  annual  appointments  are  made,  nx  and  deter-  fixed  by 

mine  the  compensation  and  salaries  to  be  paid  to  the  collectors  of  board. 
canal  tolls  and  their  clerks,  to  the  weigh-masters  and  their 
assistants,  and  to  such  other  officers  and  agents  connected 
with  the  collection  of  tolls  on  the  canals  as  the  said  board  are 
or  may  be  authorized  to  appoint  or  employ,  which  shall  not  be 
increased  during  such  year.  No  clerks  shall  be  employed  by 
any  collector  of  tolls,  except  when  the  auditor  of  the  canal 
department  shall  certify  the  same  to  be  necessary  to  enable 
such  collector  to  perform  the  duties  of  his  office. 

§  660.  (Same  ch.,  §  6.)  For  the  purpose  of  protecting  the  inspectors 
state  in  its  property,  revenue  and  tolls  on  the  canals,  the  canal 


board  is  hereby  authorized  to  appoint  ten  inspectors  and  meas-  ai 
urers  of  lumber  and  timber,  and  of  boats  and  their  cargoes,  to 
be  located  at  such  points  and  places  on  the  canals  as  may  be 
deemed  most  expedient  to  accomplish  the  objects  of  the  ap- 
pointment.1 

§  661.  (Same  ch.,  §  Y.)  The  measurers  and  inspectors  author- 
ized  to  be  appointed  under  the  next  preceding  section,  are 
hereby  authorized  to  administer  oaths,  when  the  same  becomes 
necessary  to  enable  them  to  discharge  the  duties  of  their  respect- 
ive offices. 

§  662.  (1861,  ch.  124,  §  3.)  Collectors  of  canal  tolls  (shall)*  Coiiectore 
not  give  anv  credit  for  tolls  on  boats  or  oargo  :  and  any  col-  give 

&  _  "_  __  &    '  _  J  credit. 

1  By  Laws  1866,  ch.  836,  §  4,  two  more  inspectors  were  authorized  in  the 
city  of  New  York.  By  1867,  ch.  71,  §  1,  one  at  Whitehall,  and  by  1868,  ch. 
859,  one  at  Oswego.  ,See  Art.  4,  "  Of  the  canal  board,"  ante,  §§  494-497. 

s  The  word  "  shall  "  omitted  from  the  statutes  of  1861,  as  printed. 


264:  REGULATIONS  AND  PENALTIES. 

lector  or  his  clerk  who  shall  violate  the  provisions  of  this  sec- 
tion, shall  be  removed  immediately  from  office. 


663.  (Same  ch.,  §  4.)  Every  collector  of  canal  tolls  and 


Collectors 

master  to    every  weigh-master  shall  reside  at  the  place  where  the  office  to 

reside  at 
place 
where 
office  Is. 


which  he  is  appointed,  is  located,  and  every  such  collector  or 
weigh-master  shall  give  his  personal  attention  to  the  duties  of 
his  office.  Every  weigh-master  or  weigh-master's  clerk,  who 
shall  weigh  a  boat  and  cargo,  shall  enter  the  true  weight 
thereof  on  the  face  of  the  clearance,  with  the  light  weight  of 
the  boat,  as  it  appears  by  the  light  weight  register,  in  such 
weigh-master's  office ;  and  every  weigh-master  or  his  assistant 
or  clerk,  who  shall  knowingly  make  a  false  entry  of  the  true 
weight  of  such  boat  or  cargo,  or  shall  make  a  false  certificate 
of  the  light  weight  of  any  boat,  shall  be  deemed  guilty  of  a 
misdemeanor,  punishable  by  fine  or  imprisonment,  or  both ; 
the  fine  not  to  exceed  five  hundred  dollars,  and  the  imprison- 
ment not  to  exceed  two  years,  in  the  county  jail. 

Harbor  t  §  664.  (18 Yl,  ch.  205,  §  1.)  The  collector  of  canal  tolls  for 
fees,  New  the  city  of  Kew  York  shall  not  give  permits  or  clearances  to 
canal  boats  navigating  the  waters  of  this  state,  until  the  cap- 
tain or  master  of  said  canal  boat  has  paid  or  satisfied  the 
annual  fee  of  one  and  one-quarter  dollars  due  the  haroor- 
masters  of  the  port  of  New  York,  and  now  imposed  by  the 
laws  of  this  state ;  which  fees  may  be  paid  to  the  said  col- 
lector of  canal  tolls  for  said  harbor-masters. 


ARTICLE  YII. 

REGULATIONS  AND  PENALTIES  CONCERNING  THE  NAVIGATION  OF  THE 
CANALS  AND  THE  COLLECTION  OF  TOLLS. 


REGISTRY   OF   BOATS. 

SECTION  670.  Owners  of  canal  boats  to  give  certificate  of  registry  to  col- 
lectors. 

671.  If  master  of  boat  (whose  owners  reside  out  of  the  state1)  is 

changed  after  certificate  is  given,  new  master  to  give  one. 

672.  Collector  to  give  receipt  for  certificate,  to  transmit  certificate 

to  auditor. 

673.  Auditor  to  make  register  of  boats  navigating  the  canals  ; 

name  not  to  be  changed  without  order  of  auditor. 

674.  When  boat  is   transferred,  upon  proof  of  facts,  auditor  to 

alter  register. 

675.  Auditor  to  send  collectors  copy  of  register. 


REGULATIONS  AND  PENALTIES.  265 

SECTION  676.  No  clearance  to  be  granted  without  proof  of  registry. 

677.  Persons  named  in  certificate  deemed  owners  of  boats. 

678.  Penalty  for  changing  name  of  boat  without  consent  of  audi- 

tor, or  for  reporting  false  name. 

679.  Auditor  not  to  change  name  or  hailing-place  of  boat,  etc., 

upon  which  there  is  an  existing  lien  or  mortgage  filed  in 
canal  department,  unless,  etc. ;  penalty  for  changing  name 
without  authority  of  auditor. 

680.  No  boat,  without  name  on  it,  to  have  clearance. 

BILLS    OF    LADING,   TOLLS,    ETC. 

681.  Masters  of  boats  to  show  bill  of  lading ;  what  to  contain. 

682.  To  what  collectors  to  be  exhibited. 

683.  Where  no  collector  at  place  of  lading,  delivery  or  interme- 

diate place,  bill  of  lading  to  be  exhibited  to  collector  at 
nearest  place  of  delivery.  Penalty. 

684.  Penalty  for  omitting  to  show  bill  of  lading  when  required, 

and  treble  tolls  on  property  omitted. 

685.  Penalty  for  false  bill  of  lading. 

686.  Collector  may  compel  master  to  modify  bill  by  oath. 

687.  Every  boat  to  have  a  separate  clearance. 

688.  No  boat  to  proceed  beyond  place  for  which  it  is  cleared,  until 

clearance  is  shown  to  collector  at  that  place. 

689.  If  no  collector  at  such  place,  clearance  to  be  delivered  to  last 

collector  whose  office  shall  be  passed. 

690.  Twenty-five  dollars  penalty  for  not  delivering  clearance. 

691.  Collectors  to  give  copies  of  clearances. 

692.  Copy  to  have  effect  of  original ;  fee  for  making  it. 

693.  Tonnage  to  be  ascertained  and   charged  according  to  real 

weight  of  articles. 

694.  When  master  of  boat  and  collector  cannot  agree  as  to  amount 

of  tolls,  articles  to  be  weighed,  counted  or  measured. 

695.  Master  to  pay  expense  of  weighing,  etc. 

696.  Collector  may  detain  boat  and  cargo  until  tolls  and  expenses 

are  paid. 

697.  If  payment  be  refused,  collector  may  distrain  and  sell  prop- 

erty. 

698.  Surplus  arising  from  sale  to  be  paid  to  master  of  boat  or 

owner  of  property. 

699.  Statement  of  passengers  to  be  furnished  by  masters  of  cer- 

tain boats. 

700.  What  first  statement  delivered  to  contain  ;  what  subsequent 

statements. 

701.  Affidavit  that  no  passengers  have  been  conveyed. 

702.  Each  master  to  make  statement. 

703.  Collector  to  transmit  statement  and  affidavit  to  auditor ;  pen- 

alty for  not  furnishing.  • 

704.  Such  boat  may  be  refused  clearance. 

705.  Collector  receiving  statement,  etc.,  to  give  acknowledgment. 

706.  Certificate  of  auditor  that  no  statement,  etc.,  has  been  re- 

ceived at  his  office,  presumptive  evidence  that  none  has 
been  made. 

34 


266  REGULATIONS  AND  PENALTIES. 

SECTION  707.  Tolls  on  passengers  in  boats  not  belonging  to  a  line,  etc. 
how  to  be  paid ;  penalties. 

708.  A  specified  sum  by  the  year  may  be  received  as  commutation 

for  tolls  upon  passengers. 

709.  Commutation,  how  paid. 

710.  Clerk,  authorized  by  collector,  may  perform  his  duties  in  his 

absence  ;  collector  responsible  for  his  acts. 

BOATS,    NAVIGATION,    ETC. 

711.  Collectors,  etc.,  to  assign  berths  to  boats  when  disputes  arise 

concerning  them. 

712.  No  float  to  move  faster  than  four  miles  an  hour,  except  by 

permission  of  canal  commissioners ;  ten  dollars  penalty  for 
so  doing. 

713.  Rate  of  speed  on  enlarged  canals  to  be  fixed  by  canal  board, 

not  to  exceed  six  miles  an  hour. 

714.  Boats  propelled  or  towed  by  steam  to  pass  on  berme  side  of 

canal ;  penalty. 

715.  When  passage  boat  overtakes  floats,  latter  to  let  former  pass. 

716.  When  two  floats  meet,  each  to  take  the  right. 

717.  When  two  floats  meet,  where  less  than  thirty  feet  wide,  boats 

going  from  Hudson  river  to  stop  till  the  other  passes. 

718.  Ten  dollars  penalty  for  violating  either  of  the  three  preced- 

ing sections. 

719.  Floats  within  one  hundred  yards  of  lock,  on  level  with  water 

in  lock,  to  pass  before  float  on  another  level. 

720.  Questions  of  precedence  in  passing  locks  to  be  decided  by 

lock-keeper. 

721.  Twenty-five   dollars   penalty    for  not   conforming    to    such 

decision,  or  for  violating  two  preceding  sections. 

722.  Twenty -five  dollars  penalty  for  using  poles  pointed  with  iron. 

723.  Deck  boats  to  have  knive  fixed  on  bow  or  stern. 

724.  Twenty-five  dollars  penalty  for  not  complying  with  above. 

725.  Same  penalty  for  obstructing  navigation,  by  mooring  boats,  etc. 

726.  Same  penalty  for  sinking  any  boat,  etc.,  or  obstructing  tow- 

path,  etc. 

ABANDONED  OR  STOLEN  PROPERTY. 

727.  Boats,  etc.,  found  floating  in  canal,  or  articles  found  on  tow- 

path,  to  be  seized  and  sold. 

728.  If  owner  pays  costs,  etc.,  not  to  be  sold. 

729.  Avails,  how  accounted  for. 

730.  If  articles  sold,  proceeds  Of  sale  to  be  paid  to  owner  after 

deducting  costs,  etc. 

731.  Forfeiture  for  taking  rails,  etc. ,  from  banks  or  vicinity  of  canal. 

732.  Penalty  for  violation  of  last  section. 

733.  Penalties  and  forfeitures  chargeable  on  boat  or  cargo. 

734.  When  such  penalty  is  sued  for,  process  to  direct  officer  to 

detain  boats,  etc.,  until  suit  be  decided  or  security  given. 

735.  If  security  be  given  or  defendant  prevail,  to  be  released ;  if 

judgment  recovered  to  be  sold,  unless  amount  of,  etc.,  be 
paid. 


REGULATIONS  AND  PENALTIES.  267 

FRAUDS  ON  REVENUES. 

SECTION  736.  Weigh-masters  and  inspectors  may  administer  oaths. 

737.  Boat  to  be  forfeited  for  false  clearances. 

738.  Goods  to  be  forfeited  if  falsely  marked  as  to  contents. 

739.  Property  forfeited  to  be  sold ;   one-third  proceeds  to  go  to 

informer. 

740.  Officers  having  information  of  fraud  upon  revenues,  and  not 

discovering  same,  deemed  guilty  of  a  misdemeanor. 

741.  Penalties  not  to  be  remitted,  unless  illegally  imposed ;  how 

applied  for. 

REGISTRY  OF  LIENS. 

743.  Chattel  mortgages  on  canal  craft  may  be  filed  with  auditor. 

743.  Auditor  to  file  and  enter  in  a  book  kept  for  that  purpose  ;  to 

be  subject  to  inspection. 

744.  Priority  of  liens. 

745.  Auditor's  fees,  for  filing  and  entering  fees,  to  be  paid  before 

filing. 

746.  Certified  copies  may  be  used  as  evidence. 

747.  Mortgages  on  canal  craft  to  be  filed  in  canal  department. 

748.  Mortgages  not   filed,  to  be  void  as  against  subsequent  pur- 

chasers or  mortgagees  in  good  faith. 

749.  Mortgages  to  be  filed  annually,  or  to  be  void  as  to  credit- 

ors, etc. 

750.  Auditor  to  number,  and   enter  mortgages,  book,  to  be  subject 

to  inspection. 

751.  Priority  of  claims  or  liens. 

752.  Certified  copies  may  be  used  as  evidence  ;  their  effect. 

753.  Auditor  to  designate  a  clerk  as  register ;  fees  to  be  paid  in 

advance. 

754.  Auditor  not  to  permit  name  or  hailing  of  boat  or  other  craft 

to  be  changed,  upon  which  there  is  a  mortgage  filed,  unless, 
etc. ;  penalty  for  changing  without  permission. 

OF  REGULATIONS  AND  PENALTIES  AS  TO  NAVIGATION  AND  TOLLS 

REGISTRY   OF   BOATS. 

§  670.  (R.  /£,  §  111.)     The  owners  of  every  boat  navigat-  certificate 
ing  the  canals,  shall  subscribe  and  deliver  to  the  collector  of  °J 
whom  the  first  clearance  for  such  boat  shall  be  demanded,  a 
certificate,  to  be  entitled  "  a  certificate  of  registry,"  containing 
the  names  of  such  owners,  and  their  respective  places  of  abode, 
and  also  the  name  of  the  boat,  and  of  some  place  as  that  where 
it  is  owned ;  if  the  owners  shall  reside  out  of  this  state,  the 
certificate  of   registry  shall  be  signed  and  delivered  by  the 
master  of  the  boat,  as  the  owner  thereof. 

§  671.  (R.  S.,  §  112.)      If  the  master  of  a  boat  of  which  ^ 
the  owners  reside  out  of  the  state,  shall  be  changed  after  he 


268 


REGULATIONS  AND  PENALTIES. 


Duty  of 
collector. 


Duty  of 

auditor. 


Register, 

how 

changed. 


shall  have  delivered  such  certificate,  the  new  master  shall  sign 
and  deliver  a  proper  certificate  of  registry,  to  the  collector  of 
whom  he  shall  first  require  a  clearance. 

§  672.  (R.  S.)  §  113.)1  Every  collector  receiving  a  certifi 
cate  of  registry,  shall  sign  an  acknowledgment  of  the  receipt 
thereof,  and  deliver  the  same  to  the  master  of  the  boat ;  and 
shall,  without  delay,  transmit  the  certificate  received  to  the 
[auditor]. 

§  673.  (R.  8.,  §  114.)1  The  [auditor]  shall  make  a  register 
of  all  boats  navigating  the  canals,  which  shall  be  kept  with 
the  books  and  papers  in  his  office  relative  to  the  canals,  and  be 
open  to  inspection  during  office  hours.  The  name  of  no  regis- 
tered boat  shall  be  changed,  without  the  order  of  the  [auditor.] 

§  674.  (R.  8.)  §  115.)1  If  any  persons  residing  within  the 
state,  claiming  to  be  owners  of  a  registered  boat,  by  a  transfer 
from  its  former  owners,  shall  produce  to  the  [auditor]  due 
proof  of  such  transfer,  and  shall  deliver  him  a  new  certificate 
of  registry  signed  by  themselves,  it  shall  be  the  duty  of  the 
[auditor]  to  change  the  register  of  such  boat,  so  as  to  corre- 
spond with  such  new  certificate. 

§  675.  (R.  8.,  §  116.)1  The  [auditor]  shall,  from  time  to 
time,  transmit  to  the  several  collectors,  a  certified  copy  of  the 
register  of  boats  in  his  office,  and  of  the  several  changes  made 
therein. 

§  676.  (R.  S.,  §  11Y.)  No  clearance  shall  be  granted  to  any 
boat,  unless  the  collector  of  whom  it  is  required,  shall  have 
evidence  that  such  boat  is  duly  registered ;  or  if  it  be  not 
registered,  until  the  master  thereof  shall  have  delivered  to 
such  collector,  a  proper  certificate  of  registry,  or  have  ex- 
hibited to  him,  the  receipt  of  some  other  collector,  for  such 
certificate. 

§  677.  (R.  8.)  §  118.)  The  persons  specified  in  its  certificate 
of  registry,  as  the  owners  of  a  boat,  shall  be  deemed  in  law 
the  true  owners  thereof,  for  all  purposes  of  enforcing  the 
collection  of  tolls,  and  the  execution  of  the  rules  and  regula- 
tions for  the  navigation  or  maintenance  of  the  canals. 

Penalties.       §  678.  (R.  S.,  §  119.)1     Every  owner  of  a  boat  who  shall 
change  its  name  from  that  stated  in  its  certificate  of  registry, 


Copies  to 
collectors. 


Clear- 
ances, 
when 
granted. 


Who  own- 
ers. 


1  Modified  by  ch.  162  of  1848. 


BILLS  OF  LADING,  TOLLS,  ETC.  269 

then  in  force,  without  the  order  of  the  [auditor],  and  every 
master  who  shall  enter  or  report  such  boat,  at  any  collector's 
office,  by  a  different  name  than  that  so  stated,  shall,  for  every 
such  offense,  forfeit  the  sum  of  twenty-five  dollars.1 

§  679.  (1864,  ch.  412,  §  8.)  The  auditor  aforesaid  shall  not 
grant  permission  to  change  the  name  or  hailing  place  of  any 
canal  boat,  steam  tug,  scow,  or  other  craft  navigating  the 
canals  of  this  state,  upon  which  there  is  an  existing  lien  or 
mortgage  filed  in  the  canal  department,  unless  it  shall  be 
necessary  to  make  the  name  or  hailing  place  conform  to  the 
United  States  custom  house  regulations,  by  reason  of  a  change 
of  name  on  the  canal,  after  having  been  registered  at  the  cus- 
tom house ;"  and  any  boat,  steam  tug,  scow,  or  other  craft  found 
navigating  the  canals  of  this  state,  the  registered  name  or 
hailing  place  of  which  shall  have  been  changed  without  the 
written  permission  of  the  auditor  of  the  canal  department, 
shall,  upon  due  proof  thereof,  pay  a  fine  not  less  than  fifty 
nor  more  than  three  hundred  dollars. 

§  680.  (R.  S.,  §  120.)     No  boat  shall  receive  a  clearance,  or  Name  to 

*  '  °  '  '         be  on  each 

be  permitted  to  pass  on  any  canal,  which  shall  not  have  the  boat- 
name  thereof,  and  of  the  place  where  it  is  owned,  correspond- 
ing with  its  certificate  of  registry  then  in  force,  painted  in 
some  conspicuous  and  permanent  part  of  the  outside  of  the 
boat,  in  letters  of  at  least  four  inches  in  height. 

BILLS    OF    LADING,    TOLLS,    ETC. 

§  681.  (It.  8.,  §  121 ;  amended  1859,  ch.  16.)    Every  mas-  BUI  of 
ter  of  a  boat,  conveying  property  on  a  canal,  shall  exhibit  to  contents, 
the  several  collectors,  hereafter  mentioned,  a  just  and  true 
account,  or  bill  of  lading,  of  such  property,  signed  by  himself 
and  by  the  consignor  thereof,  containing : 

1.  The  name  of  each  place  on  the  canal  where  any  portion 
of  such  property  was  shipped,  and  of  the  place  for  which  it  is 
intended  to  be  cleared. 

2.  A.  statement  of  the  names,  description  and  weight  of  all 

1  See  Resolution  of  canal  board  No,  36,  pout,  reducing  penalties,  adopted 
March  14,  1838,  which  reduces  this  penalty  to  ten  dollars. 

2  See  resolutions  of  canal  board  (Proceedings  1866,  February  9th  and 
1871,  p.  179),  as  to  claim  of  United  States  treasury  department,  that  canal 
boats  entering  navigable  rivers  are  subject  to  coasting  laws  and  licenses. 


270 


REGULATIONS  AND  PENALTIES. 


To  whom 
to  be  ex- 
hibited. 


Penalties. 


Ib. 


245  of  old 
Manual. 


the  articles  of  such  property  on  which  toll  is  charged  by  the 
ton,  of  the  number  of  articles  on  which  toll  is  charged  by  the 
number,  and  of  the  feet  of  each  article  on  which  toll  is  charged 
by  the  foot. 

3.  A  specification  of  the  weight  or  quantity  of  each  article, 
where  a  different 'rate  of  toll  is  charged  on  different  articles, 
on  which  toll  is  so  computed. 

4.  No  clearance  of  a  boat  and  cargo  shall  be  granted  or 
issued  by  any  collector  of  canal  tolls,  except  upon  the  produc- 
tion to  him  of  a  bill  of  lading  containing  the  above  particulars. 

§  682.  (£.  S.,  §  122.)  Every  such  account  or  bill  of  lading 
shall  be  exhibited. 

1.  To  every  collector  of  whom  a  clearance  shall  be  required. 

2.  To  every  collector  whose  office  shall  be  the  next  in  order, 
in  the  course  of  the  voyage,  to  the  place  where  a  clearance 
shall  have  been  given. 

3.  To  every  collector  at  a  place  where  any  portion  of  the 
cargo  shall  be  unladen,  or  any  additional  cargo  be  received ;  or 
if  there  be  no  collector  at  such  place,  to  the  collector  whose 
office  shall  be  next  in  order  in  the  course  of  the  voyage. 

4.  To  every  other  collector  who  shall  demand  such  account, 
or  bill  of  lading,  to  be  exhibited : 

§  683.  (B.  &,  §  123.)  If  there  shall  be  no  collector's  office 
at  the  place  where  any  articles  shall  be  laden,  nor  at  the  place 
of  their  delivery,  nor  at  any  intermediate  place,  the  master  of 
the  boat  shall,  within  ten  days  after  the  delivery  of  such  arti- 
cles, exhibit  the  bill  of  lading  thereof  to  the  collector  whose 
office  shall  be  nearest  to  the  place  of  such  delivery,  and  shall 
pay  to  such  collector  the  tolls  due  on  such  articles ;  and  every 
master  who  shall  omit  to  exhibit  such  bill,  and  to  pay  such 
tolls  within  the  period  so  limited,  shall,  for  every  offense,  for- 
feit the  sum  of  twenty-five  dollars. 

§  684.  (7?.  £,  §  124.)  Every  master  of  a  boat  navigating  a 
canal,  who  shall  omit  to  deliver  a  true  bill  of  lading  to  any 
collector  when  required,  or  shall  deliver  any  articles  men- 
tioned in  a  bill  of  lading,  at  a  place  beyond  that  to  which  they 
shall  be  cleared,  shall  forfeit  the  sum  of  twenty-five  dollars. 
Every  person  who  shall  sign  or  deliver  to  any  collector,  a  false 
bill  of  lading,  shall  pay,  on  all  property  omitted  in  such  false  bills 
t.-eble  the  toll  usually  charged  on  such  property,  to  any  collec- 


BILLS  OF  LADING-,  TOLLS,  ETC.  271 

tor  who  shall  be  satisfied  of  such  omission,  for  the  whole  dis- 
tance such  property  is  conveyed  on  a  canal.1 

§  685.  (/?.  /£,  §  125.)  Every  person  who  shall  knowingly 
sign  or  deliver  a  false  bill  of  lading,  shall  be  deemed  guilty  of 
a  misdemeanor,  punishable  by  fine  or  imprisonment,  or  both  ; 
the  fine  not  to  be  less  than  three  times  the  value  of  any  prop- 
erty omitted  in  such  bill,  and  the  imprisonment  not  to  exceed 
two  years. 

§  686.  (JR.  /&,  §  126.)   Every  collector  receiving  a  bill  of  lad-  Bins,  how 
ing,  may  require  the  master  exhibiting  it,  to  verify  it  by  his 
oath,  which  such  collector  is  authorized  to  administer. 

§  687.  (R.  S.j  §  127.)    Each  boat  navigating  the  canals  shall  Separate 
have  a  separate  clearance,  and  no  part  of  the  cargo  of  any 
boat  shall  be  cleared  to  a  place,  beyond  that,  to  which  the 
boat  is  cleared. 

§  688.  (R.  S.,  §  128.)  No  boat  shall  proceed  beyond  the  Reguia- 
place  to  which  it  shall  be  cleared,  nor  unlade  any  article  of  its  boats! 
cargo  before,  or  after,  its  arrival  at  the  place  for  which  such  arti- 
cles are  cleared,  nor  proceed  beyond  such  place,  until  the  master 
thereof  shall  have  delivered  the  clearance  of  such  boat  or  arti- 
cles, to  the  collector  at  the  place  for  which  they  are  cleared. 

§  689.  (7?.  /£,  §  129.)  If  there  be  no  collector  at  such  place,  n>. 
the  master  shall  deliver  the  clearance  of  the  boat  or  articles,  to 
the  last  collector  whose  oifice  shall  be  passed  by  the  boat  in  the 
order  of  its  voyage,  and  shall  receive  a  permit  from  such  col- 
lector, to  proceed  to  the  place  to  which  they  are  cleared. 

§  690.  (R.  <£,  §  130.)  Every  master  who  shall  omit  to  de-  Penalty. 
liver  a  clearance,  to  the  collector  to  whom  the  same  ought  to 
be  delivered,  shall  forfeit  the  sum  of  twenty-five  dollars.'8 


§  691.  (R.  £,  §  131.)  Every  collector  issuing  any  clearance, 
or  in  whose  oifice  any  clearance  is  on  file,  shall,  whenever  copies6. 
requested,  give  a  certified  copy  thereof,  with  the  additional 
cargo  entered  thereon,  and  the  several  indorsements  of  other 
collectors. 

1  See  resolution  of  canal  board  (Proceedings  1868,  page  60)  relative  to  the 
enforcement  of  this  section  (§  245,  of  Manual  of  1863).  The  penalty  of 
$25  in  this  section  is  reduced  to  $10  by  resolution  No.  36  canal  board. 

sThis  penalty  reduced  to  ten  dollars,  by  canal  board  resolution  No.  36. 


272  REGULATIONS  AND  PENALTIES. 

Effect  of         §  692.  (R.  £,  §  132.)1    Such  certified  copy  shall  have  the 

copy  ;  fees  '  *  * 

fornmk-  same  validity  and  effect,  as  the  original  clearance,  of  which  it 
is  a  copy  ;  and  every  collector  shall  demand  and  receive  for 
such  certified  copy,  not  exceeding  two  folios,  from  the  person 
requesting  the  same,  six  cents,  and  twelve  and  a  half  cents  for 
all  copies  exceeding  two  folios,  and  shall  account  to  the  [auditor] 
for  all  sums  which  shall  be  so  received,  at  such  time,  and  in 
such  manner,  as  the  [auditor]  shall  direct. 

Tonnage.  §  693.  (R.  /&,  §  133.)  The  tonnage  of  articles  conveyed  on 
either  of  the  canals,  on  which  toll  may  be  charged  by  the  ton, 
shall  be  ascertained  and  charged,  according  to  the  real  weight 
of  such  articles. 


Articles,  §  694.  (R.S.y  §  134.)  Whenever  a  difference  as  to  the  amount 
weighed,  of  tolls  to  be  paid,  shall  arise  between  a  collector  of  tolls  and 
the  master  of  a  boat,  the  collector  shall  detain  the  articles  on 
which  the  tolls  are  charged,  and  the  boat  containing  them,  and 
shall  weigh,  count,  or  measure,  the  articles,  as  the  case  may 
require  ;  and  if  it  shall  be  found,  that  their  weight,  number, 
or  feet,  exceed  the  amount  contained  in  the  bill  of  lading 
thereof,  the  collector  shall  charge  tolls,  according  to  the 
weight,  number,  or  feet  thus  found. 

Expense,  §  695.  (R.  /£,  §  135.)  In  every  such  case,  the  master  shall 
ib.w  '  '  pay  to  the  collector,  the  expense  of  such  weighing,  counting 
or  measuring,  at  the  rate  of  twenty-five  cents  for  every  ton 
weighed  ;  of  five  mills  a  piece,  of  articles  paying  toll  by  the 
number  ;  and  of  five  cents  for  each  hundred  feet,  of  articles 
paying  toll  by  the  foot  ;  and  such  expenses  shall  be  chargeable 
on  such  articles,  and  on  the  boat  containing  them. 

Payments,      §  696.  (R.  8.,  §  136.)  The  master  of  every  boat  shall  be 

forced""     liablS  for  the  payment  of  tolls  and  expenses  ;  and  it  shall  be 

the  duty  of  every  collector  of  tolls  to  detain  all  articles  on 

which  tolls  or  expenses  are  chargeable,  and  each  boat  contain- 

ing them,  until  such  tolls  or  expenses  shall  be  paid. 

n>.  §  697.  (R.  /£,  §  137.)  If  such  payment  be  refused,  the  col- 

lector shall  distrain  so  much  of  the  property  detained  as  shall 
be  sufficient  to  satisfy  the  charges  thereon  ;  and  at  the  expira- 
tion of  eight  days,  if  such  charges  shall  remain  unpaid,  lie 

1  Modified  by.  ch  162,  1848. 


BILLS  OF  LADING,  TOLLS,  ETC.  273 

shall  expose  to  sale  the  property  distrained,  at  his  usual  place 
of  receiving  tolls,  and  shall  sell  the  same  at  public  auction,  to 
the  highest  bidder. 

§  698.  (It.  S.,  §  138.)  Any  surplus  arising  from  the  sale,  Surplus, 
after  the  payment  of  the  charges  and  of  the  costs  of  distress 
and  sale,  shall  be  paid  on  demand,  to  the  master  of  the  boat, 
or  the  owner  of  the  property  distrained. 

PASSENGER   TOLLS. 

§  699.  (ft.  S.,  §  139.)     Every  master  of  a  boat  which  usually  state- 

'  J  J    mentsof 

runs  on  the  canal  night  and  day,  or  which  belongs  to  any  regu-  passenge™ 
lar  line  of  packet  or  freight  boats,  shall,  during  each  navigable  cases- 
season  on  the  canal,  as  often  at  least  as  once  in  thirty  days,  and 
oftener,  if  required  by  the  canal  board,  and  under  such  regula- 
tions as  that  board  shall  establish,  deliver  to  some  collector  of 
tolls  a  statement  of  passengers,  and  shall  verify  the  same  under 
oath,  to  be  administered  to  him  by  such  collector;  and  at  the 
same  time  shall  pay  to  such  collector,  the  lawful  tolls  on  the 
passengers  mentioned  in  the  statement. 

§  700.  (ft.  /&,   S  140.)     The  first  statement  so  delivered,  contents 

p       n      i  ,      of  flrst 

shall  contain  the  names  of  ail  the  passengers  conveyed  in  such  statement. 

boat,  from  the  commencement  of  its  running  in  that  season, 

until  the  delivery  of  the  statement,  and  the  distance  to  which 

each  passenger  was  carried ;  and  each  subsequent  statement 

shall  contain  the  names  of  all  the  passengers,  and  the  distance 

to  which  each  was  carried  in  such  boat,  since  the  time  embraced 

in  the  last  previous  statement. 

§  701.  (B.  S.,  §  141.)     If  it  shall  happen,  that  during  the  ^enaffi- 
time  for  which  a  statement  is  required,  no  passenger  shall  have  made- 
been  conveyed  in  such  boat,  the  master  thereof  shall  present 
to  some  collector  an  affidavit  to  be  sworn  to  before  such  col- 
lector, that  no  passenger  has  been  conveyed  in  such  boat,  dur- 
ing the  time  specified  therein. 

§  702.  (ft.  S.,  §  142.)  If  it  shall  happen  that  different  per-  Different 
sons  have  been  masters,  or  had  charge  of  any  boat,  for  the  time 
during  which  the  statement  or  affidavit  above  mentioned  is  re- 
quired, each  person  shall  furnish  such  statement  or  affidavit  for 
such  portion  of  the  time  as  such  boat  was  under  his  control  or 
management. 

§  703.  (ft.  S..  §  143.)     The  several  collectors  shall  transmit  collectors 
to  the  [auditor]  the  several  affidavits  and  itatements  relative 
35  " 


274  REGULATIONS  AND  PENALTIES. 

masters,  to  passengers,  received  by  them;  and  every  master  who 
shall  neglect  to  furnish  the  affidavit  or  statement,  or  to  pay  the 
toll  on  any  passengers,  by  law  required,  and  every  owner  of 
such  boat,  when  such  neglect  occurred,  shall  for  each  offense 
forfeit  the  sum  of  twenty-five  dollars.1-2 

Further          §  704.  (R.  S. ,  §  144.)     The  commissioners  of  the  canal  fund 

penalty.  .        ^   .  ..  ,  .v..  »  •    • 

may,  in  their  discretion,  prohibit  such  boat  from  receiving  a 
clearance  and  navigating  the  canals,  until  such  statement  or 
affidavit  be  furnished,  and  the  tolls  paid. 

Collectors       §705.  (R.  /&,  §  145.)     Every  collector  receiving  such  a  state- 
to  ac- 


knowledge ment,  or  affidavit,  relative  to  passengers,  shall  give  to  the  person 
from  wh 
thereof. 


etc.         '  from  whom  he  received  the  same,  a  written  acknowledgment 


Evidence        §  706.  (R.  /£,  §  146.)    A  certificate  made  by  the  [auditor] 
to  make      under  the  seal  of  his  office,  after  thirty  days  from  the  time 
etc.         '  when  such  a  statement  or  affidavit  ought  to  be  made,  that  no 
statement  or  affidavit  in  respect  to  any  particular  boat,  for  the 
time  particularly  stated  therein,  has  been  received  at  his  office, 
shall  be  presumptive  evidence  that  no  such  statement  or  affi- 
davit has  been  made  by  the  master  of  such  boat  for  the  time 
specified  in  the  certificate.1 

Toils  on  §  707.  (R.  <&,  §  147.)  Every  master  or  person  having  charge 
SfcertSIT  of  any  boat  navigating  a  canal,  which  does  not  usually  run  in 
the  night  time,  or  which  does  not  belong  to  any  regular  line 
of  packet  or  freight  boats,  shall  pay  the  lawful  tolls  on  all  pas- 
sengers conveyed  in  such  boat,  in  the  same  manner  as  he  is  re- 
quired to  pay  toll  on  property  conveyed ;  and  every  such  mas- 
ter who  shall  omit  to  give  a  just  and  true  account  of  such 
passengers,  to  the  collector,  at  the  place  where  such  passengers 
shall  be  received  in  such  boat,  or  at  the  office  next  in  order  in 
the  course  of  the  voyage,  after  receiving  the  same,  or  who  shall 
refuse  to  verify  the  same  under  oath,  when  required  by  any 
collector,  or  to  pay  the  toll  on  such  passengers,  shall  for  every 
offense  forfeit  the  sum  of  twenty-five  dollars.* 

commuta-      §  708.  (R.  &,  §  148 ;  modified  1835,  oh.  21.)     The  [canal 
toils.  °r      board]  may,  in  [its]  discretion,  receive  from  the  owners  of  any 

1  Modified,  1848,  ch.  162. 

J  Penalty  reduced  to  fifteen  dollars.     Resolution,  No.  36. 

3  Penalty  reduced  to  ten  dollars.     Resolution,  No.  36. 


BOATS,  NAVIGATION,  ETC.  275 

boat  a  specified  sum  by  the  year,  for  a  license  to  carry  passen- 
gers therein,  as  a  commutation  for  tolls  upon  passengers. 

§  709.  (R.  S.j  §  149;  modified  1835,  oh.  21.]     Such  com-  HOW  paid, 
mutation  shall  be  paid  at  such  time  and  in  such  manner  as  the 
[canal  board]   ma°y  prescribe,  and  no  statement  or  affidavit 
relative  to  conveying  passengers  shall  be  required  from  the 
master  of  any  boat  so  licensed. 

§710.  (R.  S.,  §  150.)     Any  clerk  duly  authorized  by  a  cierksof 
collector  may  perform   all  the  duties,  and  exercise   all  the  collectore> 
powers  legally  appertaining  to  such  collector,  in  his  absence, 
and  the  collector  shall  be  responsible  for  the  acts  of  such  clerk. 

BOATS,    NAVIGATION,    ETC. 

§  711.  (R.  £,  §  151.)    It  shall  be  the  duty  of  every  collector  Berths  of 
of  tolls,  and  if  there  be  no  collector  present,  of  every  super-  boats- 
intendent,  to  assign  berths  to  all  boats  when  loading  or  unload- 
ing at  any  landing  place  on  a  canal,  whenever  disputes  shall 
arise  concerning  the  same. 

§712.  (R.  S.,  §  152.)     No  float  shall  move  on  any  canal  gpeedof 
faster  than  at  the  rate  of  four  miles  an  hour,  without  a  per-  boat8» etc- 
mission  in  writing,  signed  by  a  majority  of  the  canal  commis- 
sioners ;  and  for  each  violation  of  this  provision  the  master 
shall  forfeit  the  sum  of  ten  dollars. 

§  713.  (1861,  ch.  124,  §  1.)  Any  boat  may  move  on  any  of  Speedon 
the  enlarged  canals  of  this  state,  at  any  rate  of  speed  that  may  catSs?d 
be  fixed  by  the  canal  board,  not  exceeding  six  miles  an  hour. 

§  714.  (Same  ch.,  §  2.)     When  any  boat  propelled  or  towed  steam- 
by  steam,  in  passing  on  either  of  the  canals  of  this  state,  towsston 
shall  meet  or  overtake  any  other  boat  or  float  not  so  propelled  berme 
or  towed,  except  where  such  boat  or  float  is  waiting  its  turn 
for  lockage,  it  shall  be  the  duty  of  the  master  of  each,  to  turn 
out  so  as  to  allow  the  boat  propelled  or  towed  by  steam  to 
pass  on  the  berme  side  of  the  canal.     Every  master  or  boat- 
man who  shall  violate  any  provision  of  this  section  shall,  for 
each  offense,  forfeit  the  sum  of  ten  dollars.1 

1  See  canal  regulation  No.  49,  post,  as  amended  April  29,  1869,  and 
report  of  auditor,  with  amendments.  Canal  board  proceedings,  1871,  pp. 
42,45. 


276 


REGULATIONS  AND  PENALTIES. 


Preference      §  715.  (ft.  8.,  §  153.)     "Where  a  boat  used  chiefly  for  the 

in  passing.  '  •> 

conveyance  of  persons,  shall  overtake  any  other  float,  not  used 
chiefly  for  that  purpose,  it  shall  be  the  duty  of  the  master  of 
the  latter  to  give  to  the  former,  every  practicable  facility  for 
passing,  and  whenever  it  shall  become  necessary,  to  stop  until 
such  passage  boat  shall  have  fully  passed. 


Boats 
meeting. 


Ib. 


§  716.  (ft.  /£,  §  154.)  "Where  any  float,  in  passing  on  either 
of  the  canals,  shall  meet  with  any  other  float,  it  shall  be  the 
duty  of  the  master  of  each,  to  turn  out  to  the  right  hand,  so 
as  to  be  wholly,  on  the  right  side  of  the  center  of  the  canal. 

§  717.  (ft.  S.,  §  155.)  Where  any  floats  shall  approach  any 
place  on  either  of  the  canals,  which  is  less  than  thirty  feet 
wide  on  the  surface,  or  which  will  not  safely  permit  their 
passing,  it  shall  be  the  duty  of  the  master  of  the  float  going 
from  the  navigable  waters  of  the  Hudson  river,  to  stop  at 
such  distance  from  such  narrow  place,  as  may  be  convenient 
for  the  float  going  toward  such  navigable  waters  to  pass 
through  such  narrow  place,  and  there  to  wait  until  such  pass- 
age is  effected. 

Penalties.  §  718.  (ft.  /SI,  §  156.)  Every  master  or  boatman  violating 
any  provision  of  the  three  sections  immediately  preceding, 
shall,  for  each  offense,  forfeit  the  sum  of  ten  dollars. 


Passing 
locks. 


Ib. 


Penalties. 


§  719.  (ft.  8.,  §  157.)  Every  float,  within  one  hundred 
yards  of  a  lock,  if  on  the  same  level  that  the  water  in  the 
lock  then  is,  shall  be  permitted  to  pass  the  lock,  before  any 
other  float  not  on  the  same  level. 

§  720.  (ft.  8.j  §  158.)  If,  on  the  arrival  of  two  or  more 
floats  at  any  lock,  a  question  shall  arise  between  their  respect- 
ive masters  as  to  which  shall  be  first  entitled  to  pass,  such 
question  shall  be  determined  by  the  lock-keeper,  and  each  float 
shall  be  passed  in  the  order  and  manner  in  which  he  shall  direct. 

§  721.  (ft.  S.,  §  159.)  Every  master,  owner  or  navigator 
of  any  float  refusing  to  conform  to  such  determination  of  the 
lock-keeper,  or  detaining  or  unnecessarily  hindering  the  pass- 
age of  any  float,  through  a  lock,  in  violation  of  any  provision 
of  the  two  last  sections,  shall,  for  each  offense,  forfeit  the  sum 
of  twenty-five  dollars.1 


1  Penalty  reduced  to  ten  dollars,  C.  B.  Res.  No.  36. 


ABANDONED,  OR  STOLEN  PROPERTY.  277 

§  722.  (R.  S.,  §  160.)     No  person  navigating  either  of  the  setting 
canals,  shall  be  permitted  to  use  therein  any  setting  pole  or  P 
shaft,  pointed  with  iron  or  other  metal ;  and  if  any  person 
shall  offend  against  this  section,  he  shall,  for  every  such  offense, 
forfeit  the  sum  of  twenty-five  dollars.1 

§  723.  (R.  8.,  §  161.)    No  covered  or  decked  boat,  shall  j^feon 
navigate  any  canal  without  a  knife  or  sharp  metalic  instru- 
ment, so  affixed  upon  the  stem  or  bow  of  the  boat,  as  to  cut 
apart  any  tow  rope,  which  otherwise  might  pass  over  such  bow. 

§  724.  (R.  S.,  §  162.)     Every  owner  or  master  of   such  Penalty, 
boat,  who  shall  neglect  or  refuse  to  comply  with  the  above 
provision,  shall,  for  each  offense,  forfeit  the  sum  of  twenty-five 
dollars.* 

§  725.  (R.  S.,  §  163.)    Everv  person  who  shall  obstruct  the  obstruct- 

•      i-  £  i    -U       .LI.       •  •  ingnaviga- 

navigation  01  any  canal,  by  the  improper  mooring,  manage-  tion. 
ment  or  conduct,  of  any  boat  or  floating  thing,  shall,  for  every 
such  offense,  forfeit  the  sum  of  twenty-five  dollars.* 

§  726.  (R.  Si,  §  164.)  If  any  person  shall  obstruct  the  Obstmct- 
navigation  of  any  canal,  by  sinking  any  vessel,  timber,  stone, 
earth  or  other  thing,  to  the  bottom  thereof,  or  by  placing  any 
obstruction  on  the  towing  path  thereof,  or  on  the  bank  oppo- 
site the  towing  path,  he  shall  forfeit  the  sum  of  twenty-five 
dollars. 

ABANDONED,  OK  STOLEN  PROPERTY. 


§  727.  (R.  S.,  §  165.)     It  shall  be  the  duty  of  every  canal  Boat,  etc., 
commissioner,  collector,  superintendent  or  agent,  employed  on  seized, 
the  canals,  to  seize  all  boats,  rafts,  logs,  or  any  floating  or  sunken 
thing,  which  may  be  found  in  a  canal ;  or  any  article  not  under 
the  care  or  charge  of  any  person,  so  found  on  the  tow-path 
thereof;  and  to  sell  the  same  at  public  vendue,  after  giving 
ten   days'  written  notice   of  such  sale,  at  two  public  places 
nearest  to  the  place  where  such  boat,  logs,  floating  or  sunken 
thing,  may  be  found. 

§  728.  (R.  S.,  §  166.)     If  the  owner  of  any  article  so  seized, 
shall  appear  and  claim  the  same,  before  the  time  of  sale,  and 

1  Penalty  reduced  to  five  dollars,  Res.  No.  36. 
*  Penalty  reduced  to  ten  dollars,  Res.  No.  36. 
1  Penalty  reduced  to  ten  dollars,  Res.  No.  36. 


278  REGULATIONS  AND  PENALTIES. 

pay  the  cost  of  seizure  and  expense  of  removal,  no  such  sale 
shall  take  place. 

Avails,  §  729.  (R.  S.,  §  16T.)  '     The  avails  of  such  sale  shall  be 

counted     accounted  for,  by  the  officer  making  the  same,  if  he  be  not  a 

collector,  to  the   nearest   collector,  who   shall  make   returns 

thereof  to  the  [auditor].     If  the  sale  be  made  by  a  collector, 

he  shall  account  for  the  avails  thereof,  to  the  [auditor]. 

when  paid  §  730.  (R.  /S.,  §  168.)  l  After  such  sale  shall  have  been 
made,  and  the  proceeds  thereof  paid  [into  the  state  treasury, 
the  said  auditor]  may,  on  the  application  of  the  owners,  and 
due  proof  of  ownership,  pay  over  such  proceeds,  after  deduct- 
ing the  forfeiture,  and  all  costs  and  reasonable  charges  thereon. 

Taking  §  731.  (72.  #.,  §  169  ;  amended  1830,  ch.  117.)  If  any 
penalty.0"  boatman,  or  person  on  board  of  any  boat  on  any  canal,  shall 
take,  without  right,  any  rails,  boards,  planks  or  staves,  [fire- 
wood or  fencing  posts],  from  the  banks  or  vicinity  of  the  canal, 
the  master  of  the  boat  shall  forfeit,  to  the  owner,  treble  the 
value  of  the  property  taken,  and  the  possession  of  such  prop- 
erty on  board  the  boat,  shall  be  presumptive  evidence  of 
such  taking.2 

Ib<  §  732.  (R.  S.j  §  170.)     Any  person  or  boatman  who  shall 

violate  the  provisions  of  the  last  section,  shall  forfeit  twenty- 
five  dollars  to  any  person  who  will  prosecute  therefor. 

Boat  liable  §733.  (R.  S.,  §  171.)  Every  penalty  and  forfeiture,  pre- 
scribed  by  this  article,  and  which  is  declared  to  be  recoverable 
against  the  owner,  master,  boatman,  navigator,  or  other  person, 
having  charge  of  any  boat  or  other  float,  when  incurred,  shall 
be  chargeable  on  such  boat  or  float,  and  a  suit  for  the  recovery 
thereof,  may  be  brought  against  any  person,  being  in  the  pos- 
session, or  having  the  charge,  of  such  boat  or  other  float,  at 
the  time  such  suit  is  commenced. 


Boat  may        §  "^*  (^m  &•>  §  I?2-)     When  any  suit  shall  be  prosecuted 

tained        ^or  anv  sucn  Penalty  or  forfeiture,  the  magistrate  issuing  the 

process,  by  a  clause  to  be  inserted  therein,  may  direct  the  offi- 

cer executing  the  same,  to  detain  such  boat  or  float,  and  the 

furniture  and  horses  belonging  thereto,  until  the  suit  shall  be 

1  As  modified  by  ch.  162,  1848. 

2  The  four  following  sections  (R.  8.,  §§  170,  171,  172  and  173)  are  also 
amended  by  ch.  117  of  1830,  to  carry  into  effect  the  provisions  of  (R.  S.)  §  169 
as  amended  by  that  act,  to  include  "  firewood  and  fencing  posts." 


FRAUDS  OX  REVENUES.  279 

determined,  or  until  adequate  security  shall  be  given  for  the 
payment  of  any  judgment  that  may  be  recovered. 

§  735.  (JR.  S.,  §  173.)      If  such  security  shall  be  given,  or  when 
the  defendant  in  such  suit  shall  prevail,  the  magistrate  shall  when  sofd. 
order  the  boat  or  other  float  and  property  detained,  to  be 
released ;  but  if  no  such  security  shall  be  given,  and  a  judg- 
ment shall  be  recovered  for  such  penalty  or  forfeiture,  and  the 
same,  together  with  the  costs  shall  not  be  immediately  paid, 
an  execution  shall  be  issued,  under  which  the  property  so  de- 
tained, may  be  sold,  in  like  manner,  as  if  the  judgment  had 
been  obtained  against  the  owner  thereof. 

FRAUDS  ON  REVENUES. 

§  736.  (1847,  ch.  278,  §  15.)    Weigh-masters  on  the  state  Oatha. 
canals  and  inspectors  of  canal  boats  are  hereby  authorized  to 
administer  oaths  when  it  becomes  necessary  in  the  discharge 
of  their  duties.1 

§  737.  (1855,  ch.  534,  §  1.)  Whenever  any  articles  shall  be  Boat  to  be 

,     i  ,.     ,  /  ,     forfeited 

transported  upon  any  01  the  canals  of  this  state,  and  shall,  for  false 
with  knowledge  on  the  part  of  the  captain  or  owner  of  the  ances. 
boat,  be  cleared  as  articles  paying  a  lower  rate  of  toll,  or  be 
partially  or  altogether  omitted  from  the  clearance,  the  boat 
upon  which  such  articles  shall  be  transported  shall  be  forfeited 
to  the  people  of  this  state,  and  shall  be  seized  and  taken  pos- 
session of  by  any  collector  of  canal  tolls,  or  officer  acting  under 
his  direction,  in  behalf  of  and  as  the  property  of  the  people 
of  this  state. 

§  738.    (Same  ch.,  §  2.)    "Whenever  any  goods,  articles,  or  Goods  to 
other  property  shall  be  transported  upon  any  of  the  canals  of  felted  if 
this  state,  packed  up,  or  inclosed  in  boxes,  casks,  kegs,  barrels  marked,  t 
or  bags,  which  are  falsely  marked  as  containing  articles  of  a 
different  description,  and  of  a  character  chargeable  with  a  less 
rate  of  toll,  and  shall  be  thus  cleared,  such  articles  shall  be 
forfeited  to  the  people  of  this  state,  and  be  seized  and  taken 
possession  of  by  any  collector  of  canal  tolls,  or  officer  acting 

1  Laws  of  1857,  ch.  105,  §  18,  was  as  follows  :  "  The  office  of  canal  boat 
inspector  is  hereby  abolished,  and  the  duties  pertaining  to  that  office  shall 
hereafter  be  performed  by  the  collector  of  tolls."  But  in  1859,  by  ch.  495, 
§  6,  the  canal  board  were  authorized  to  appoint  "  ten  inspectors  and  meas- 
urers of  lumber  and  timber,  and  of  boats  and  cargoes."  Ch.  836,  of  1866 
ch.  71,  1867,  and  ch.  859,  1868,  provide  for  the  appointment  of  two  more  in 
New  York,  one  at  Whitehall,  and  one  at  Oswego.  See  ante,  %%  494-497. 


aso 


REGULATIONS  AND  PENALTIES. 


Property 
forfeited 
to  be  ad- 
vertised 
for  sale 
and  sold. 


One-third 
of  pro- 
ceeds go 
to  person 
giving  in- 
formation. 


under  his  direction,  in  behalf  of  and  as  the  property  of  the 
people  of  this  state ;  but  no  such  confiscation  shall  be  made 
unless  it  is  proved  that  the  owner  of  said  property  knew  of  the 
fraud. 

§  739.  (Same  ch.9  §  3.)  The  property  thus  forfeited  and 
seized  shall,  as  soon  as  may  be  after  such  seizure,  be  adver- 
tised for  sale  by  the  collector,  and  sold  at  public  auction  to 
the  highest  bidder,  and  the  proceeds  thereof,  accounted  for 
and  paid  into  the  treasury.  And  it  shall  be  the  duty  of  the 
auditor  in  case  of  seizures  legally  made  under  the  provisions 
of  this  act,  to  pay  one-third  of  the  net  proceeds  of  such  sale, 
after  deducting  expenses,  to  the  person  discovering  or  giving 
information  of  such  fraud,  and  another  third  part  thereof  to 
the  collector  or  other  officer  making  the  seizure  and  imposing 
the  penalty. 

Duty  of          §  740.  (Same  ch.,  §  4.)  Any  officer  or  employee  of  the  state, 
cases  of      upon  or  connected  with  any  of  the  canals  of  this  state  who  shall 
thereven-  be  cognizant  or  have  information  of  the  commission  of,  or 
aity,  etc.     attempt  to  commit  by  any  person,  any  fraud  upon  the  rev- 
enues of  the  canals,  and  shall  not  discover  the  same  and  en- 
force the  penalties  if  within  his  power,  shall  be  deemed  guilty 
of  a  misdemeanor,  punishable  by  fine  or  imprisonment  or  both. 
The  fine  in  cases  of  the  concealment  of  frauds  of  the  charac- 
ter specified  in  the  first  section  of  this  act,  not  to  exceed  three 
times  the  value  of  the  property  fraudulently  cleared  or  omitted 
from  the  clearance,  and  the  imprisonment  not  to  exceed  two 
years. 


No  power 
to  remit 
penalties. 


§  741.  (Same  cfi.,  §  5.)  The  canal  board  or  the  commis- 
sioners of  the  canal  fund  shall  not  have  power  to  remit  penal- 
ties imposed  for  any  commission  or  attempt  to  commit  a  fraud 
upon  the  revenues,  unless  they  are  satisfied  that  such  penalty 
was  illegally  imposed,  and  such  remission  be  applied  for  in 
writing  and  under  oath,  within  sixty  days  after  the  imposition 
of  such  penalty. 


Chattel 


auditor, 


BEGISTBT   OF    LIENS. 


§  742.  (1858,  oh.  24:7,  §  1.)  Any  person  having  a  lien  or 
incumbrance  on  any  canal  boat,  steam  tug,  scow,  or  other  craft 
navigating  the  canals  of  this  state,  by  a  chattel  mortgage  duly 
filed,  may  make  a  statement  in  writing  setting  forth  the  nature 


REGISTRY  OF  LIENS.  281 

of  his  claim,  the  time  when  the  same  arose,  the  manner  in 
which  it  originated,  and  the  amount  of  such  lien  or  incum- 
brance ;  and  may  annex  thereto  an  affidavit  made  by  himself 
or  his  agent  or  attorney,  that  the  said  statement  is  correct, 
and  the  claim  just  and  true,  and  file  the  same  in  the  office  of 
the  auditor.1 

§  743.  (Same  ch^  §  2.)     It  shall  be  the  duty  of  the  said  TO  be  filed 
auditor,  on  the  receipt  of  the  said  statement,  to  file  the  same  tered. " 
in  his  office,  and  to  enter  the  substance  in  a  book  to  be  pro- 
vided for  that  purpose,  and  the  amount,  if  any,  claimed  to  be 
due,  which  book  shall  always  during  office  hours,  be  open  for 
the  inspection  of  all  persons  desiring  to  examine  the  same.1 

§  744.  (Same  ch.,  §  3.)  All  claims  and  liens  by  chattel  j^f1*7  of 
mortgage,  a  statement  of  which  shall  be  filed  as  herein  pro- 
vided, shall  from  the  time  of  such  filing  have  preference  and 
priority  over  all  other  claims,  and  liens,  in  the  same  manner 
and  to  the  like  extent  of  claims  and  liens  arising  on  chattel 
mortgages  filed  and  entered  in  towns  where  the  mortgagor 
resides,  but  shall  not  have  any  priority  over  existing  liens  and 
claims.1 

§  745.  (Same  ch.,  §  4.)      The  auditor  shall  charge  for  filing  Fees. 
the  said  statement  and  making  the  entry  thereof  as  herein 
provided,  the  sum  of  fifty  cents,  and  he  shall  not  be  obliged 
to  file  or  enter  the  same  until  such  sum  is  paid. 

§  746.  (Same  ch.,  §  5.)     Any  statement  made  and  filed  as  certified 
herein  provided,  and  copies  thereof    duly  certified   by  the  evidence, 
auditor  in  the  manner  required  by  law,  may  be  read  and  used 
as  evidence  in  all  courts  of  justice.1 

§  747.  (1864,  ch.  412.  SI.)     Hereafter  any  person  having  Mortgages 

i-  •  -u  i    -u      4.      ].  '   to  be  filed 

any  lien  or  incumbrance  on  any  canal  boat,  steam  tug,  scow  in  canal 
or  other  craft  navigating  the  canals  of  this  state,  by  a  chattel  ment. 
mortgage,  shall  file  the  same  or  a  true  copy  thereof,  in  the 
office  of  the  auditor  of  the  canal  department. 

1  This  chapter  seems  to  be  superseded  by  the  provisions  of  ch.  412,  laws 
of  1864,  printed  next  hereafter,  which  is  entitled  "  An  act  to  amend  an  act 
entitled  'An  act  to  provide  for  the  registry  of  liens  and  incumbrances  upon 
boats  navigating  the  canal  in  this  state,' "  passed  April  15, 1858.  The  act 
of  1864,  contains  no  formal  amendment  or  repeal  of  any  portion  of  the 
law  of  1858. 
36 


282  KEGULATIONS  AND  PENALTIES. 

Mortgages  §  748.  (Same  ch.,  §  2.)  Hereafter  every  mortgage  or  con- 
be  void  ;  as  veyance  intended  to  operate  as  a  mortgage  of  any  canal  boat, 
steam  tug,  scow  or  other  craft  navigating  the  canals  of  this 
state,  together  with  the  appurtenances  belonging  thereto  and 
used  in  navigating  such  craft,  hereafter  made,  which  shall  not 
be  accompanied  by  an  immediate  delivery,  and  followed  by  an 
actual  and  continued  change  of  possession  of  the  property 
mortgaged,  shall  be  absolutely  void  as  against  the  creditors 
of  the  mortgagor,  and  as  against  subsequent  purchasers  and 
mortgagees  in  good  faith,  unless  the  mortgage,  or  a  true  copy 
thereof,  shall  be  filed  as  directed  in  the  previous  section  of 
this  act. 


an>nuanled  §  ^^*  (^ame  G^">  §  ^-)  Every  mortgage  filed  in  pursuance 
of  this  act,  shall  cease  to  be  valid  as  against  the  creditors  of  the 
person  making  the  same,  or  against  subsequent  purchasers  or 
mortgagees  in  good  faith,  after  the  expiration  of  one  year  from 
the  filing  thereof,  unless  within'  thirty  days  next  preceding  the 
expiration  of  the  said  term  of  one  year,  a  true  copy  of  such 
mortgage,  together  with  a  statement  exhibiting  the  interest  of 
the  mortgagee  in  the  property  thereby  claimed  by  him  by 
virtue  thereof,  shall  be  again  filed  as  directed  in  the  first  sec- 
tion of  this  act. 

Auditor  to      §750.  (Same  cA.,  §  4.)     It  shall  be  the  duty  of  the  said 

number  v  i 

and  enter  auditor  on  the  receipt  of  the  mortgage,  or  copy  thereof,  to 
cause  every  such  instrument  to  be  respectively  numbered,  the 
time  of  receiving  the  same  to  be  indorsed  thereon,  and  the 
substance  thereof  to  be  entered  in  a  book  provided  for  that 
purpose.  Entering  alphabetically  under  the  names  of  all  the 
parties  to  such  instrument,  with  the  number  indorsed  thereon 
opposite  to  each  name  ;  which  entry  shall  be  repeated  in  the 
index  alphabetically  under  the  name  of  every  party  thereto, 
also  indexing  the  name  of  each  boat  mortgaged,  with  the  num- 
ber of  the  mortgage  opposite  to  each  ;  which  book  of  mort- 
gages and  index  shall  always,  during  ofiice  hours,  be  open  for 
the  inspection  of  all  persons  desiring  to  examine  the  same. 

Priority  of  §  751.  (Same  eh.,  §  5.)  All  claims  and  liens  by  chattel 
mortgage,  which  shall  be  filed  as  herein  provided,  shall,  from 
the  time  of  such  filing,  have  preference  and  priority  over  all 
other  claims  and  liens,  but  shall  not  have  any  priority  over 
existing  claims  and  liens. 


REGISTRY  OF  LIENS. 


283 


§  752.  (Same  ch.,  §  6.)     A  copy  of  any  such  original  instru-  certified 
ment,  or  of  any  copy  thereof,  so  filed  as  aforesaid,  including  be^ed* 
any  statement  made  in  pursuance  of  this  act,  certified  by  the  dence. 
auditor  or  his  deputy,  may  be  read  and  used  as  evidence  in  all 
courts  of  justice,  but  only  of  the  fact  that  such  instrument  or 
copy  and  statement  was  received  and  filed  according  to  the 
indorsement  of  the  register  thereon,  and  of  no  other  fact ;  and 
in  all  cases  the  original  indorsement  by  the  clerk,  or  register 
made  in  pursuance  of  this  act,  upon  such  instrument  and  copy, 
shall  be  received  in  evidence  of  the  facts  stated  in  such  indorse- 
ment. 

§  753.  (Same  ch.,  §  7.)  The  auditor  aforesaid  shall  desig-  Fees, 
nate  a  clerk,  who  shall  act  as  register,  and  the  auditor  shall  be 
entitled  to  receive  the  following  fees  for  services  under  this 
act  for  the  use  of  the  state  ;  for  filing  each  instrument  or  copy, 
and  entering  the  same  in  a  book  as  aforesaid,  twenty-five  cents ; 
for  searching  for  each  paper,  twenty  cents ;  and  the  like  fees 
for  certified  copies  of  such  instruments  or  copies,  as  are  allowed 
under  existing  laws  to  be  charged  by  the  auditor  for  copies  and 
certificates  of  record  kept  in  the  canal  department ;  and  the 
said  auditor  shall  not  be  obliged  to  file  or  enter,  or  cause 
to  be  filed  or  entered,  any  mortgage  or  copy  thereof,  until  the 
fee  provided  under  this  section  is  paid. 

§  754.  (Same  ch.,  §  8.)  The  auditor  aforesaid  shall  not  grant  change  o 
permission  to  change  the  name  or  hailing  place  of  any  canal  boats?  ° 
boat,  steam  tug,  scow,  or  other  craft  navigating  the  canals  of 
this  state,  upon  which  there  is  an  existing  lien  or  mortgage 
filed  in  the  canal  department,  unless  it  shall  be  necessary  to 
make  the  name  or  hailing  place  conform  to  the  United  States 
custom-house  regulations,  by  reason  of  a  change  of  name  on 
the  canal,  after  having  been  registered  at  the  custom  house ; 
and  any  boat,  steam  tug,  scow,  or  other  craft  found  navigating 
the  canals  of  this  state,  the  registered  name  or  hailing  place 
of  which  shall  have  been  changed  without  the  written  permis- 
sion of  the  auditor  of  the  canal  department,  shall,  upon  due 
proof  thereof,  pay  a  fine  not  less  than  fifty  nor  more  than 
three  hundred  dollars. 


284  REGULATIONS  AND  PENALTIES. 


ARTICLE  VIII. 

REGULATIONS  AND   PENALTIES    CONCERNING   THE   PBOTEOTKXN  AND 
MAINTENANCE  OF  THE  CANALS. 

OF  BRIDGES. 

SECTION  760.  Where  new  roads  cross  canal,  bridge  to  be  erected  and  kept 
in  repair  at  expense  of  town  in  which  it  is  situated. 

761.  Sanction  of  canal  commissioner  to  model  and  location  must 

be  obtained. 

762.  Penalty  of  fifty  dollars  for  proceeding  to  build  bridge  with- 

out such  consent. 

763.  Canal  commissioner  to  construct  road  and  street  bridges  over 

the  enlarged  canals  where  they  have  been  maintained  here- 
tofore. 

764.  Farm  bridges,  where  to  be  constructed.     Proviso. 

765.  Benefits  to  be  set  off  against  damages  in  certain  cases. 

766.  Commutation  for  farm  bridges.     Damages  for  not  rebuilding. 

767.  Benefits  to  be  set  off  against  damages, 

768.  Appraisal,  how  made. 

769.  Provisions  of  §  4,  ch.  207,  of  1839,  applicable  to  the  several 

canals. 

770.  Private  roads  to  bridges  to  be  opened  in  certain  cases. 

771.  Certificate  of  title  to  be  furnished  before  payment  of  damages. 

772.  Who  not  entitled  to  farm  bridges. 

773.  Laws  of  1839  shall  apply  to  the  bridges  on  the  enlarged  Erie, 

enlarged  Oswego,  and  enlarged  Cayuga  and  Seneca  canals 
and  Cayuga  inlet. 

774.  Road  and  street  bridges,  where  to  be  constructed. 

775.  All  laws  inconsistent  with  the  act  of  1854  repealed. 

776.  No  riding  or  driving  over  state  bridges  faster  than  a  walk. 

777.  No  more  than  twenty-five  cattle  to  be  on  any  such  bridge  at 

one  time,  not  to  be  driven  faster  than  a  walk. 

778.  Penalty  for  violation  of  two  preceding  sections ;  how  recov- 

ered and  accounted  for. 

779.  Commissioners  to  maintain  two  bridges   over   Black   river, 

under  restrictions. 

780.  Fort  Miller  bridge  free  to  canal  employees  and  navigators. 

781.  Tow-path  bridge  at  Cohoes. 

782.  State  to  control  said  bridge.     Cohoes  to  pay  its  proportion  of 

repairs. 

783.  Canal  across  Water  street,  West  Troy,  and  bridge. 

OF  WHARVES,  BASINS,  ETC. 

784.  No  wharf,  basin,  etc.,  to  be  constructed  without  consent  of 

canal  commissioners. 

785.  Penalty  of  twenty-five  dollars  for  constructing  wharf,  etc., 

without  such  permission. 


OF  BRIDGES.  285 

OF  INJURIES  TO  STRUCTURES. 

786.  Penalty  for  wantonly  opening  any  lock  gate,  etc.,  destroying 

any  bridge,  etc. 

787.  Penalty  for  injuries  to  locks  and  structures. 

788.  Penalty  of  five  dollars  for  driving  or  riding  any  horse,  etc., 

on  tow-path  or  berme  bank,  except  in  towing  boats,  etc. 

789.  Two  hundred  and  fifty  dollars  penalty  for  drawing  water  at 

Lockport. 

REGULATIONS    AND   PENALTIES   AS   TO    STRUCTURES,  AND   THE  PRO- 
TECTION AND  MAINTENANCE  OF  THE  CANALS. 

OF  BRIDGES. 

§  760.  (R.  S.j  §  174:.)  In  all  cases  where  a  new  road  or  pub-  Town 
lie  highway,  shall  be  laid  out  by  legal  authority,  in  such  direc- 
tion as  to  cross  the  line  of  any  canal,  and  in  such  manner  as  to 
require  the  erection  of  a  new  bridge  over  the  canal,  for  the 
accommodation  of  the  road,  such  bridge  shall  be  so  constructed, 
and  forever  maintained,  at  the  expense  of  the  town  in  which 
it  shall  be  situate. 

§  761.  (R.  S.,  §  175.)  No  bridge  shall  be  constructed  across  Model 
any  canal,  without  first  obtaining  for  the  model  and  location  tion!°c 
thereof,  the  consent  in  writing  of  one  of  the  canal  commis- 
sioners, or  of  a  superintendent  of  repairs,  on  that  line  of  the 
canal  which  is  intersected  by  the  road. 

§  762.  (R.  S.j  §  176.)  Every  person  who  shall  undertake  to  penalty, 
construct  or  to  locate  such  bridge  without  such  consent,  and 
shall  proceed  therein,  so  far  as  to  place  any  materials  for  that 
purpose,  on  either  bank  of  the  canal,  or  on  the  bottom  thereof, 
shall  forfeit  the  sum  of  fifty  dollars ;  and  either  of  the  com- 
missioners, superintendents  or  engineers,  shall  be  authorized 
to  remove  all  such  materials,  as  soon  as  they  are  discovered, 
wholly  without  the  banks  of  the  canal. 

§  763.  (1839,  ch.  207,  §  1,  amended  1854,  ch.  332,  §  7.)  The  Road  and 
canal  commissioners  are  hereby  authorized  and  required  to  bridges, 

.         .  i  .,  •, .  j   where  to 

construct  and  hereafter  maintain   at  the  public  expense,  road  be  con- 

*  structed. 

and  street  bridges  over  the  enlarged  Erie  canal,  [the  enlarged 
Oswego,  the  enlarged  Cayuga  and  Seneca  canals,  and  the 
Cayuga  inlet],  in  all  places  where  such  bridges  have  been  here- 
tofore constructed,  if  in  their  opinion  the  public  convenience 
requires  that  they  should  be  continued,  whether  the  same 
have  been  heretofore  maintained  at  the  expense  of  the  state, 
or  of  the  towns,  cities  or  villages  where  they  are  situate.1 
1  See  note,  next  page. 


286 


REGULATIONS  AND  PENALTIES. 


Farm 
bridges. 


Proviso. 


Benefits 
from 

bridges  to 
be  s_et  off 
against 
damages. 


Commuta- 
tion for 
bridges. 


§  764.  (Same  oh.,  §  2,  amended  1854,  ch.  332,  §  7".)  The  said 
commissioners  are  also  authorized  to  construct  farm  bridges 
over  said  [enlarged  Erie]  canal,  [the  enlarged  Oswego,  the 
enlarged  Cayuga  and  Seneca  canals,  and  the  Cayuga  inlet],  in 
all  places  where  the  same,  in  their  opinion,  are  reasonably 
required,  in  reference  to  the  accommodation  of  the  owner  of 
the  land  and  a  due  regard  to  economy,  to  the  state,  and  the 
convenience  of  navigation.  But  neither  this  nor  the  preceding 
section  shall  be  construed  to  abridge  the  power  of  the  canal 
commissioners  in  relation  to  streets,  roads  and  bridges,  as  now 
provided  by  law.1 

§  765.  (Same  ch.,  §  3.)  Whenever  a  farm  bridge  shall  be 
constructed  in  lieu  of  one  heretofore  maintained  by  the  owner 
or  owners  of  the  land,  and  damages  shall  be  claimed  by  such 
owner  or  owners  for  the  appropriation  of  lands  or  other  injury 
done  in  such  enlargement,1  the  benefit  derived  by  such  owner 
or  owners,  by  being  relieved  from  the  expense  of  maintaining 
the  former  bridge  over  the  canal,  shall  be  set  off  against  any 
damages  so  claimed. 

§  766.  (Same  ch.,  §  4,  amended  1840,  ch.  372,  §  1.)  The 
said  commissioners  are  also  hereby  authorized  in  all  cases 
where  in  their  opinion  the  same  can  be  done  consistent  with 
the  public  interest,  to  commute  with  owners  and  claimants  of 


1  Sections  1,  2  and  3,  of  ch.207,  Laws  of  1839,  as  amended  by  ch.  332,  of 
1854,  seem  to  apply  only  to  bridges  over  the  enlarged  Erie,  Oswego,  and 
the  Cayuga  and  Seneca  canals,  and  Cayuga  inlet,  and  not  to  the  other  canals 
of  this  state. 

Sections  1  and  2  are  also  limited  by  the  provisions  of  sections  6  and  9, 
ch.  332,  of  1854.  See  post  §  772  and  §  774. 

This  compilation  of  the  law  of  1839  as  amended,  differs  from  that  of  the 
manual  of  canal  laws  now  in  use,  and  from  the  5th  (Parker's)  ed.  Rev,  Stat. 
In  that  edition,  Vol.  1,  p.  361,  *§  309,  there  is  inserted  in  1839,  ch.  307,  §  1, 
the  words,  "  [several  canals  of  this  state],"  as  an  amendment  made  by  1840, 
ch.  372.  This  is  clearly  incorrect. 

1840,  ch.  372,  makes  the  provisions  of  the  "fourth"  section  only  of  the 
law  of  1839  applicable  to  the  "  several  canals  of  this  state."  1854,  ch.  332, 
§  7,  provides  that  the  law  of  1839,  and  all  existing  laws  relating  to  bridges 
over  the  enlarged  Erie  canal,  shall  apply  to  the  enlarged  Oswego,  and 
Cayuga  and  Seneca  canals,  and  the  Cayuga  inlet,  but  makes  no  mention  of 
the  seven  other  canals  of  the  state. 

Unless  general  powers  can  be  implied  as  to  road  and  street  bridges,  by 
the  exception  contained  in  §  9,  ch.  332,  of  1854,  §  1,  ch.  207,  of  1839,  is 
limited  to  the  canals  above  named.  See  also  Qov.  Hoffman's  vetoes,  1870, 


OF  BRIDGES.  28 

bridges  over  the  [several  canals  of  this  state]  by  paying  such 
owner  or  claimant  such  sum  in  lieu  of  a  bridge  as  may  be 
agreed  upon  between  the  claimant  and  said  commissioners. 
And  in  all  cases  where  in  the  opinion  of  said  commissioners  a  Damages 
bridge  over  the  canal  ought  not  to  be  rebuilt,  and  the  sum  to  building. 
be  paid  for  commutation  shall  not  be  agreed  upon  as  aforesaid, 
the  said  bridge  shall  not  be  built,  but  the  damages  sustained 
by  such  owner  or  owners  by  being  deprived  of  such  bridge, 
and  which  the  state,  under  all  the  circumstances,  ought  of 
right  to  pay,  shall  be  appraised  by  the  canal  appraisers  and 
paid  by  said  commissioners. 

§  767.  (Same  ch.,  §  5.)     In  all  cases  where  damages  shall  be  Benefits 
claimed  for  being  deprived  of  a  bridge  which  the  claimant 


had  before  constructed  or  maintained,  the  circumstance  of  his 
being  equitably  bound  to  contribute  toward  the  construction 
and  maintenance  of  an  enlarged  bridge,  a  sum  equal  to  the 
expense  of  the  maintenance  of  a  bridge  proportioned  to 
the  size  of  the  original  canal  shall  be  taken  into  consideration 
by  the  appraisers,  and  a  proper  amount  on  that  account  shall 
be  set  on0  against  any  damages  to  which  the  claimant  might 
otherwise  be  entitled. 

§  768.  (Same  ch.,  §  6.)      The  proceedings  in  relation  to  the  ApPraise- 
appraisement  of  such  damages,  shall  be  in  all  respects  the  ^ebe'hOT 
same  as  the  proceedings  in  relation  to  the  appraisal  of  damages  made< 
for  lands,  streams  or  waters  appropriated  by  the  canal  com- 
missioners to  the  use  of  the  public  ;  and  appeals  from  such 
appraisement  may  be  made  in  the  same  manner. 

§  769.  (1840,  ch.  372,  §  1.)  The  provisions  of  the  fourth 
section  of  the  "Act  in  relation  to  bridges  over  the  enlarged 
Erie  canal,"  passed  April  20,  1839  (ch.  207),  shall  be  applica- 
ble to  the  several  canals  of  this  state. 

§  770.  (Same  ch.,  §  2.)     "Whenever  the  canal  commissioners  private 
shall  deem  that  the  state  may  be  reasonably  required  to  erect  bridges, 
a  farm  bridge  over  any  of  the  canals  of  this  state,  for  the  made. 
accommodation  of  the  owner  or  owners  of  adjacent  lands,  and 
they  cannot  commute  for  said  bridge  with  such  owner  and 
claimant  on  satisfactory  terms,  in  case  the  said  commissioners 
determine  that  a  private  road  through  adjacent  lands  will  suffi- 
ciently accommodate  such  owner  or  claimant,  they  are  hereby 
authorized  to  apply  to  the  commissioners  of  highways  of  the 


288  REGULATIONS  AND  PENALTIES. 

town  in  which  such  lands  lie,  to  lay  out  a  private  road  for  the 
accommodation  of  such  owner  and  claimant,  under  the  pro- 
visions of  article  four,  chapter  sixteen,  title  first,  part  first  of 
the  Revised  Statutes  ;  and  such  damages  as  may  be  assessed 
to  the  owner  of  the  lands  through  which  said  road  is  laid  out, 
shall  be  paid  by  -the  commissioners,  when  the  same  can  be 
done  with  a  due  regard  to  economy  to  the  state.1 

certificate      §  771.  (1854,  eh.  332,  §  5.)     Before  the  auditor  shall  be 

of  title  '       , 

before  required  to  pay  any  damages  that  may  be  awarded,  or  the 
of  dam-  amount  of  any  commutation  agreed  on  for  the  appropriation 
of  land  or  water,  or  for  the  want  of  a  farm  bridge,  he  shall 
be  furnished  with  a  satisfactory  abstract  of  title,  and  certifi- 
cate of  search  as  to  incumbrances,  showing  the  person  demand- 
ing such  damages  or  commutation  to  be  legally  entitled 
thereto,  which  abstract  and  search  shall  be  retained  and  filed 
in  his  office. 

Farm  8  772.  (Same  ch..  §  6.)      No  person  shall  be  entitled  to 

bridges.         ,  i"      >  -,     •  -i  <•     i 

demand  a  larm  bridge  across  any  of  the  state  canals  or  their 
feeders,  in  any  case  when  the  necessity  or  convenience  of  such 
bridge  shall  have  arisen,  from  the  division  or  acquisition  of 
any  property  subsequent  to  the  location  of  such  canal  or 
feeder. 

Bridges  §  773.  (Same  ch.,  §  7.)  Chapter  two  hundred  and  seven  of 
enlarged  the  laws  of  eighteen  hundred  and  thirty-nine,  and  all  other 
existing  laws  in  relation  to  bridges  over  the  enlarged  Erie 
canal,  shall  be  applicable  to  bridges  over  the  enlarged  Oswego 
and  the  enlarged  Cayuga  and  Seneca  canals  and  the  Cayuga 
inlet. 

street  and      §  774.  (Same  cA.,  §  9.)     Hereafter  no  street  or  road  bridges 

bridges,      shall  be  constructed    by  the  canal  commissioners  over  any 

canal  of  this  [stats]*  except  upon  such  streets  or  roads  as 

were  laid  out,  worked  and  used  previous  to  the  construction 

of  the  canals  by  which  such  streets  or  roads  were  obstructed. 

§  775.  (Same  ch.,  §  10.)     'All  laws  in  force  in  this  state 
inconsistent  with  the  provisions  of  this  act  are  hereby  repealed. 

NO  driv-         §  776.  (1862,  ch.  354,  §  1.)     It  shall  not  be  lawful  for  any 
Person  to  lea<^5  ride  or  drive  any  horse  or  horses,  mule  or 


faster 


•walk.  ]  A  similar  rule  applied  to  bridge  at  Frankfort  bj  1863,  ch.  275. 

*  Not  in  the  statutes  as  printed. 


OF  BRIDGES.  289 

mules,  faster  than  on  a  walk  over  any  bridge  belonging  to  or 
under  the  control  of  this  state,  which  is  now  or  may  hereafter 
be  erected  over  any  canal,  canal  feeder,  stream  or  river  thereof. 

§  777.  (Same  ch.,  §  2.)      No  person  shall  hereafter  drive  cattle, 
any  cattle  across  any  bridge  or  bridges  referred  to  in  the  first 
section  of  this  act,  at  a  faster  rate  than  upon  a  walk,  and 
shall  not  in  so  driving  them  over,  permit  more  than  twenty- 
five  cattle  to  be  upon  any  such  bridge  at  one  time. 

§  778.  (Same  ch.,  §  3.)  Any  person  violating  either  of  the  penalty, 
provisions  of  this  act  shall  be  liable  to  a  penalty,  for  each 
offense,  fifteen  dollars,  to  be  sued  for  and  recovered  in  any 
court  having  cognizance  thereof,  by  the  contractor,  in  the  name 
of  the  people  of  this  state,  whenever  such  bridge  or  bridges, 
where  the  offense  shall  be  committed,  shall  be  embraced  within 
his  repair  contract,  and  in  all  other  cases  by  the  superintend- 
ent of  canal  repairs.  Such  penalty  when  recovered  shall  be 
credited  to  the  state  in  the  first  settlement  thereafter  of  the 
accounts  of  such  contractor  or  superintendent  with  the  state. 

§  779.  (1872,  ch.  784,  §  1.)  The  canal  commissioners  are  Brldge3 
hereby  authorized  and  directed  to  maintain  and  protect  the  Bif£k 
bridge  across  Black  river,  between  the  towns  of  Lowville  and  river* 
New  Bremen,  known  as  the  Illing worth  bridge ;  also  the 
bridge  between  the  towns  of  Lowville  and  Watson,  known  as 
Beach's  bridge ;  that  before  proceeding  to  maintain  or  protect 
said  bridges,  the  canal  commissioners  shall  require  and  receive 
ft  full  and  sufficient  release  legally  executed,  acknowledged  and 
delivered,  free  of  expense  to  the  state,  of  all  claims  for  dam- 
ages in  consequence  of  the  construction  of  such  bridges  or  of 
the  approaches  or  embankments  of  the  same,  and  also  a  good 
ind  sufficient  license  or  permission  to  the  state,  duly  executed, 
acknowledged  and  delivered  as  aforesaid,  to  alter,  raise  or  change 
such  bridge,  approaches  or  embankments  whenever  necessary, 
which  necessity  is  to  be  determined  by  the  canal  commission- 
ers, from  all  persons  whose  property,  rights  or  interests  may 
be  effected  by  e  ich  bridge,  approaches  or  embankments.1 

1  For  previous  legislation,  relating  to  these  bridges  on  Black  river,  see 
Laws  of  1828,  ch.  136 ;  1866,  ch.  602 ;  1869,  ch.  867.  For  statutes  relating 
t»  Parker's  Landing  bridge,  see  1865,  ch.  708  :  1866,  ch.  493  ;  1867,  ch.  963  ; 
1869,  ch.  877,  and  1872,  ch.  850.  For  other  statutes,  relating  to  bridges 
across  Black  river,  see  1821,  ch.  107;  1857,  ch.  429  ;  1858,  ch.  115  ;  1860,  ch. 
213,  and  1804,  ch.  174. 
37 


290 


REGULATIONS  AND  PENALTIES. 


Fort  MI-        §  780.  (1837,  ch.  391,  §  1.)     It  shall  not  be  lawful  for  the 

ler  bridge  ° 

free  to        FOrt  Miller  Bridge  Company  to  demand  or  receive  any  tolls 

canal  em-  r      •>  <• 

pioyees.  from  any  persons,  for  passing  the  tow-path  bridge  connected 
with  the  bridge  of  the  said  company,  who  may  be  actually  em- 
ployed by  the  state  in  superintending  or  repairing  the  Cham- 
plain  canal  (or  who  may  be  navigating  the  same).1 


Tow-path 

bridge, 

Cohoes. 


Canal 

across 

Water 

street, 

West 

Troy,  and 

bridge. 


§  781.  (1853,  ch.  393,  §  1.)  The  canal  commissioners  are 
hereby  authorized  to  construct  a  tow-path  bridge,  under  the 
direction  of  the  canal  board,  across  the  Mohawk  river  at  the 
village  of  Cohoes.  The  canal  board  are  also  authorized  to 
make  such  arrangement  with  the  inhabitants  of  said  village 
of  Cohoes  as  they  deem  proper,  whereby  the  said  inhabitants 
may  be  permitted  to  contribute  to  the  building  of  said  bridge 
so  much  as  to  satisfy  the  state  for  constructing  an  additional 
wagon  track  or  tracks  for  the  use  of  said  inhabitants." 

§  782.  (Same  ch.,  §  2.)  The  state  shall  retain  the  control  of 
said  bridge,  and  it  shall  at  all  times  be  subject  to  such  alter- 
ations as  the  proper  officers,  under  the  direction  of  the  canal 
board,  may  choose  to  make ;  the  inhabitants  shall  contribute 
their  proportion  to  the  repairs  of  said  bridge." 

§  783.  (1869,  ch.  425.)  Richard  F.  Hall,  John  A.  Russell 
and  George  B.  Moshier  are  hereby  authorized  to  open  and 
maintain  a  canal  across  Water  street,  between  Genesee  and 
Huron  streets,  in  the  village  of  West  Troy,  to  connect  the 
waters  of  the  canal  basin,  of  which  the  said  persons  are  part 
owners,  with  a  side-cut  canal  on  the  premises  of  the  parties 
aforesaid,  providing  the  said  canal  across  Water  street  shall 
not  exceed  twenty  feet  in  width,  and  providing  that  the  par- 
ties aforesaid  shall  properly  dock  the  same,  and  shall  place 

1  Laws  of  1827,  ch.  219,  §  39,  prohibiting  the  driving  of  horses  or  cattle 
over  the  towing-path  bridge  across  the  Hudson  river,  near  the  Fort  Miller 
bridge,  except  for  purposes  connected  with  navigation,  and  imposing  pen- 
alties, seems  to  be  still  in  force.  The  rest  of  the  act  was  repealed ;  1828, 
2d  Session,  ch.  21. 

As  to  the  present  use  by  the  state  of  towing-path  bridge  of  Fort  Miller 
Bridge  Company,  see  canal  board  proceedings,  1869,  page  250. 

As  to  bridge  over  Genesee  river,  at  Mount  Morris,  see  canal  board  pro- 
ceedings. 1870,  page  210. 

*  For  laws  relating  to  Cohoes  bridge,  see  Laws  1806,  April  4th  ;  1825,  ch. 
227,  §  2;  1829,  chs.  Ill  and  202;  1835,  ch.  255;  1841,  ch.  190. 

See,  also,  canal  board  proceedings,  April,  1841,  July,  1845,  July  and  Octo- 
ber, 1853,  June,  1854,  March,  1860,  and  report  and  petition  adopted  May 
3d.  1860. 


OF  INJURIES  TO  STRUCTURES.  291 

and  maintain  a  bridge  across  the  said  canal  at  Water  street 
aforesaid  for  the  convenience  of  public  travel. 

OF  WHARVES,  BASINS,  ETC. 

§  784.  (R.  S.,  §  177.)  No  person,  without  the  written  per-  wharves, 
mission  of  a  canal  commissioner,  shall  construct  any  wharf,  etc.ms 
basin  or  watering  place,  on  any  canal,  or  make  or  apply  any 
'device  whatever,  for  the  purpose  of  taking  water  from  a  canal ; 
and  every  wharf,  basin,  watering  place  or  device,  constructed 
with  such  permission,  shall  be  held  during  the  pleasure  of  the 
canal  commissioners,  and  be  subject  to  their  control. 

§  785.  (R.  /£,  §  178.)  Every  person  who  shall  construct  any  penaity. 
such  wharf,  basin,  watering  place  or  device,  without  permis- 
sion, or  who  shall  omit  to  conform  to  the  directions  of  the 
commissioner  granting  such  permission,  shall  for  each  offense 
forfeit  the  sum  of  twenty-five  dollars  ;  and  in  every  such  case, 
the  canal  commissioners  may  remove  or  destroy  the  construc- 
tion illegally  made,  at  the  expense  of  the  person  making  it. 

OF  INJURIES  TO  STRUCTURES. 

§  786.  (R.  /&,  §  179.)  Every  person  who   shall  wantonly  injuries  to 
open  or  shut,  or  cause  to  be  opened  or  shut,  any  lock-gate,  or  Bridges, 
any  puddle-gate  or  culvert-gate,  thereof,  or  any  waste-gate,  or 
by  any  means  prevent,  or  attempt  to  prevent,  the  free  use  of 
any  such  gate ;  and  every  person  who  shall  wantonly  break, 
throw  down,  or  destroy  any  bridge,  or  fence,  on  a  canal,  shall 
be  deemed  guilty  of  a  misdemeanor,  punishable  by  fine  or 
imprisonment ;  the  fine  for  each  offense,  not  to  exceed  one 
hundred  dollars  nor  the  imprisonment  six  months. 

§  787.  (R.  £,  §  180.)  Every  person  who  shall  willfully 
break,  throw  down,  or  destroy  any  lock,  bank,  waste-water, 
dam,  aqueduct  or  culvert,  on  any  canal,  shall,  upon  convic- 
tion of  such  offense,  be  sentenced  to  imprisonment  in  the 
county  jail  or  state  prison,  at  the  discretion  of  the  court  by 
whom  he  shall  be  tried.  The  imprisonment  shall  not  be  for 
less  than  one  year,  if  in  the  county  jail,  nor  for  more  than 
three  years,  if  in  the  state  prison. 

§  788.  (R.  8.,  §  181.)  Every  person  who  shall  lead,  ride  or  Driving 

,  horses  on 

drive  any  horse,  ox,  ass,  mule,  or  other  cattle,  upon  the  tow-  tow  path, 
ing  path  of  a  canal,  or  upon  the  bank  opposite  to  such  towing  63.  Barb, 
path,  shall,  for  each  offense,  forfeit  the  sum  of  five  dollars ; 


ing  w 


292  MISCELLANEOUS  PROVISIONS. 

but  this  section  shall  not  be  construed  to  extend  to  persons 
towing  boats  or  other  floats,  or  conveying  articles  unladen,  or 
to  be  laden,  from,  or  to,  a  canal. 

§  789.  (R.  -£,  §  182.)  Any  person  who  shall  open  any  gate, 
water    sluice,  slide  or  other  passage,  which  now  is  or  hereafter  may 
port.          be  constructed  to  draw  water  round  the  locks  at  Lockport,  for 
the  purpose  of  drawing  water  from  the  canal  to  any  mill  OB 
machinery  of  any  kind  whatsoever,  or  for  any  other  purpose 
than  the  uses  of  the  canal,  shall,  for  every  such  offense,  for- 
feit the  sum  of  two  hundred  and  fifty  dollars. 

AKTICLE  IX. 

MISCELLANEOUS    PROVISIONS    OF   A   GENERAL    NATURE. 

SECTION  800.  Agents,  collectors,  superintendents,  etc.,  discharged  from 
employment,  to  deliver  up  any  house,  etc.,  occupied  by 
them,  etc.  ;  books,  papers,  etc. 

801.  Proceedings  to  compel  delivery. 

802.  Who  ineligible  to  office  of  superintendent,  collector,  lock- 

keeper,  etc. 

803.  Canal  officers  not  to  be  interested  in  hydraulic  works,  canal 

boats,  contracts,  etc. 

804.  When  charges  against  canal  officers  to  be  investigated,  and 

by  whom. 

805.  Superintendents,  collectors,  etc.,  exempt  from  military  duty, 

and  serving  on  juries. 

806.  Suits  for  penalties,  etc.  ,  under  this  title,  to  be  in  name  of 

people  ;  moneys  recovered  to  be  paid  to  the  treasurer. 

807.  If  penalty  not  over  fifty  dollars,  justice  has  jurisdiction. 

808.  Definition  of  the  terms  "  float  "  and  "  master  "  under  this  title. 

809.  Executions  shall  issue  for  penalties. 

810.  Recovery  of  penalty  not  a  bar  to  damages. 

811.  Auditor  to  prepare  forms  of  clearances,  etc.,  and  send  them 

to  officers  on  canals. 

812.  How  much  water  to  be  taken  into  a  level. 

813.  How  waste-  weirs  and  gates  shall  be  constructed. 

814.  Willful  destruction  of   boats,  etc.,  with  intent  to  defraud 

owner  or  shipper,  deemed  a  felony  ;  penalty. 

815.  Destruction   by   owners,   with   intent   to   defraud   others,  a 

felony;  penalty. 

816.  Attempt  to  injure  or  destroy  boats,  etc.,  with  intent  to  defraud, 

a  felony  ;  penalty. 

STEAM   TOWAGE   ON   THE   CANALS  -  EUROPEAN    SYSTEM. 

817.  Addison  M.  Farwell  may  organize  a  company  to  introduce 

the  Europern  system  of  steam-towage. 

818.  Privileges  and  provisions. 

810.  Interference  with  or  injuries  to  chains  or  cables,  how  pun- 
ished. 


MISCELLANEOUS  PROVISIONS.  293 

830.   Materials  and  property  used  exempt  from  tolls. 

821.  System  to  be  introduced  within  eighteen  months  or  privil- 

eges granted  shall  cease. 

822.  System  subject  to  rules  and  regulations  for  navigation. 

823.  Legislature  may  alter,  modify  or  repeal. 

BY    CABLES    OK    BAILS    SUSPENDED    OVER   CANAL. 

824.  N.  W.  Kingsley  and  C.  H.  Gardner  may  organize  a  company 

to  use  their  system  of  steam-towage. 

825.  Privileges  and  provisions. 

826.  Materials  and  property  exempt  from  tolls. 

827.  System  to  be  introduced  within  three  years  or  privileges 

granted  shall  cease. 

828.  System  subject  to  rules  and  regulations  for  navigation. 

829.  Legislature  may  alter,  modify  or  repeal. 

THE   AMERICAN    SYSTEM. 

830.  J.  Richmond  and  W.  S.  Farwell  authorized  to  form  a  company 

to  introduce  their  system  of  cable  towage. 

831.  Privileges  and  provisions. 

832.  Materials  and  property  exempt  from  tolls. 

833.  System  to  be  introduced  within  eighteen  months  or  privileges 

granted  shall  cease. 

834.  System  subject  to  rules  and  regulations  for  navigation. 

835.  Legislature  may  modify,  alter,  or  repeal. 

BY    STEAM   WAGON. 

836.  D.  0.  Williamson  allowed  five  miles  of  canal  to  test  road 

steam  engine  for  towage  of  boats,  under  direction  of  com- 
missioners. 

COMMISSION  TO  TEST  THE  USE  OF  ANY  MOTOR  OTHER  THAN  ANIMAL 
POWER  AND  TO  AWARD  PRIZES. 

837.  Commission  appointed  to  test  and  examine  inventions  or  de. 

vices,  which  may  be  practically  and  profitably  used  in  the 
propulsion  of  boats  upon  the  canals ;  terms  and  conditions. 

838.  Tests  not  to  interfere  with  navigation. 

839.  May  grant  certificates,  etc.,  for  prizes. 

840.  Oath  and  vacancies. 

841.  Reasonable  expenses  to  be  paid. 

842.  Payment  of  certificates. 

843.  Payment  of  further  certificates  when  granted. 

844.  Powers  of  commissioners  extended  one  year. 

MISCELLANEOUS  PROVISIONS  OF  A  GENERAL  NATURE. 

§  800.  (R.  S.,  §  183.)     It  shall  be  the  duty  of  every  agent,  Agents  to 
toll -collector,  lock-keeper  or  superintendent,  employed  on  any  property? 
canal,  and  occupying  any  house,  office,  building  or  land,  be- 
longing thereto,  who  shall  be  discharged  from  his  employment ; 
and  of  the  wife  and  family,  of  every  such  person,  who  shall  die 
in  snch  employment ;  to  deliver  up  the  possession  of  the  premi- 


294  MISCELLANEOUS  PEOVISIONS. 

ses  so  occupied,  and  of  all  books,  papers,  matters  or  tilings  be- 
longing to  the  canals,  acquired  by  virtue  of  his  office,  within 
seven  days,  after  a  notice  shall  have  been  served  for  that  pur- 
pose, by  the  acting  canal  commissioner. 

Proceed-  §  801.  (ft.  >&,  §  184.)  In  case  of  a  refusal  or  neglect  to  make 
8UC^  delivery,  *n  either  of  the  above  cases,  it  shall  be  the  duty 
of  any  justice  of  the  peace,  in  the  county  where  such  premises 
shall  be  situate,  upon  application,  to  issue  his  warrant  under 
his  hand  and  seal,  ordering  any  constable  or  other  peace  officer, 
with  such  assistance  as  may  be  necessary,  to  enter  upon  the 
premises  so  occupied,  in  the  day-time,  and  remove  therefrom 
all  persons  found  in  possession  thereof,  and  to  take  into  his 
custody  all  books,  papers,  matters  and  things  there  found,  be- 
longing to  the  canals,  and  to  deliver  the  same  to  the  acting 
canal  commissioner,  or  his  authorized  agent ;  and  the  officer  to 
whom  such  warant  shall  be  delivered,  shall  execute  the  same 
according  to  its  purport. 

who  in-          §802.  (JR.  >£,  §  185.)     No  person  owning  any  hydraulic 
works  dependent  upon  the  canals  for  their  supply  of  water,  or 
who  shall  be  employed  in  or  connected  with  any  such  works, 
keeper,      or  who  shall  be  engaged  in  transporting  property  upon  the 
mister,       canals,  or  who  shall  own,  or  be  interested  in,  any  boat,  navi- 
gating the  same,  shall  be  employed  as  a  superintendent,  lock- 
keeper,  collector  of  tolls,  weigh-master,  or  other  agent  upon 
the  canals. 

canal  §  803.  (R.  8.,  §  186 ;  amended,  1843,  ch.  181,  §  1.)    No  canal 

notcto  be  commissioner  or  other  member  of  the  canal  board,  or  superin- 
ncon-  tendent,  engineer  or  person  holding  any  appointment  under 
the  canal  commissioners  or  any  one  of  them,  or  under  any  su- 
perintendent of  repairs,  or  other  officer  on  the  canals,  shall  here- 
after become  interested  in  any  hydraulic  work  dependent  on 
the  canals  for  a  supply  of  water,  or  become  interested  in  any 
line  of  boats  regularly  navigating  the  canals,  or  shall  either 
directly  or  indirectly  become  interested  in  any  contract  on  the 
canals  as  a  contractor,  surety  or  otherwise,  either  in  his  own 
name  or  in  the  name  of  any  other  person,  or  shall  either  directly 
or  indirectly  derive  any  benefit  from  the  ordinary  or  extraordi- 
nary expenditures  on  the  canals  beyond  his  established  com- 
pensation ;  and  if  any  canal  commissioner,  member  of  the  canal 
board,  superintendent,  engineer  or  person  holding  any  appoint- 


MISCELLANEOUS  PROVISIONS.  295 

ment  under  the  canal  commissioners  or  any  one  of  them,  or 
under  any  superintendent  of  repairs  or  other  officer  on  the 
canals,  shall  at  any  time  hereafter  become  interested  or 
derive  any  benefit  as  aforesaid,  he  shall  forfeit  his  office  or 
appointment. 

§  804.  (1843,  ch.  181,  §  2.)     Whenever  charges  shall  be  pre-  when 
ferred  un.ler  the  above  section,  against  any  engineer  or  other  Selimfstt" 
officer  or  person  holding  their  appointment  from  the  canal  com-  canal  com- 
missioners or  any  one  of  them,  or  from  a  superintendent  of  era. 
repairs  or  other  officer  on  the  canals,  it  shall  be  the  duty  of  the 
board  of  canal  commissioners  to  investigate  the  same;  and  when  by 
whenever  charges  are  preferred  against  any  officer  holding  his  board. 
appointment  from  the  canal  board,  it  shall  be  the  duty  of  the 
canal  board  to  investigate  said  charges  ;  and  it  shall  be  the  duty 
of  said  boards,  respectively,  to  dismiss  said  officers  or  persons 
if  the  charges  are  sustained  ;  and  all  contracts  made  in  violation 
of  this  act,  are  hereby  declared  to  be  void. 


§  805.  (R.  S..  S  187.)   Every  collector  of  tolls,  the  clerks  of 

'  .  «•-'.-     tendents, 

each  collector,  not  exceeding  two,  having  the  collector  s  certm-  collectors, 
cate  that  they  are  actually  employed  by  him,  and  all  superin-  empt  from 
tendents  of  repairs,  lock-tenders,  inspectors  of  boats  and  weigh-  duties. 
masters,  shall  be  exempted  from  the  performance  of  military 
duty,  and  jury  service,  while  actually  engaged  in  their  respect- 
ive employments  on  the  canals,  while  the  same  are  navigable. 

§806.  (R.  ^S'.,  188;  amended  1835,  ch.  21,  cwd  1848,  ch.  Penalties, 

.  .  how  re- 

162.)  All  suits  for  penalties  and  forfeitures  imposed  in  any  covered. 
article  of  this  title,  or  for  damages,  in  behalf  of  the  state,  shall 
be  prosecuted  in  the  name  of  the  people  of  this  state,  by  such 
persons  and  in  such  manner  as  the  [canal  board]  in  their  regu- 
lations, shall  direct  ;  and  all  moneys  recovered  therein,  shall 
be  accounted  for  and  paid  over  to  [the  treasurer  of  the  state], 

§  807.  (R.  S.,  §  189.)    Every  such  penalty  or  forfeiture,  not  Before 
exceeding  the  sum  of  fifty  dollars,  may  be  recovered  before  w 
any  justice  of  the  peace  in  any  county. 


§808.  (R.  S.,  §  190.)      The  term  "float,"  as  used  in  this 
title,  shall  be  construed  to  embrace  every  boat,  vessel,  raft,  or  J™f.." 
floating  thing,  navigated  on  the  canals,  or  moved  thereon, 
under  the  direction  of  some  person  having  the  charge  thereof; 
and  the  term  "  master,"  as  so  used,  shall  be  construed  to  apply 


296 


MISCELLANEOUS  PROVISIONS. 


to  every  person,  having  for  the  time,  the  charge,  control,  or 
direction,  of  any  such  float. 


If  any  person  against  whom  any 
penalties,  forfeiture  shall  be  recovered  under  the  provisions  of  this  title, 
shall  not  immediately  pay  the  full  amount  of  the  judgment  so 
obtained,  the  court  by  which  such  judgment  shall  be  given, 
shall,  without  delay,  issue  an  execution  against  his  property  or 
person,  at  the  election  of  the  party  prosecuting  the  suit. 

Penalty  no      §  810.  (jK.  /&,  §  192.)     The  imposition  or  recovery  of  any 
damages,    penalty  or  forfeiture,  imposed  for  the  violation  of  any  provi- 
sion of  this  title,  shall  not  be  considered  a  bar  to  the  recovery 
of  any  damages,  resulting  from  such  violation,  to  the  state  or 
to  individuals. 

Auditor  to  §  811.  (72.  S.,  §  193 ;  modified,  1848,  oh.  162.)  The  [audi- 
forms.  tor]  shall  prepare  the  forms  of  all  clearances,  bills  of  lading, 
statements,  and  other  papers  necessary  to  be  used  under  the 
provisions  of  this  title,  and  shall  from  time  to  time,  transmit 
the  same  to  the  different  officers  and  agents  on  the  canal,  for 
whose  use  they  may  be  required. 


How 

much 
water  to 
be  taken. 


Waste 
weirs. 


§  812.  (R.  S.,  §  194.)  No  more  water  shall  be  taken  into  any 
level  of  either  of  the  canals,  than  shall  be  sufficient  to  supply 
such  level  during  the  days  of  the  greatest  business,  and  also 
to  supply  any  other  level  of  the  canal,  or  other  public  work 
of  the  state,  dependent  upon  such  level  for  a  supply  of  water. ' 

§  813.  (J%.  #.,  §  195.)  Every  waste-weir  upon  the  same 
level  as  either  of  the  canals,  shall  be  constructed,  as  nearly 
as  may  be  consistent  with  the  safety  and  convenience  of  the 
canals,  of  the  same  height,  but  in  all  cases  so,  as  to  leave  a 
depth  of  at  least  four  feet  water  in  the  level ;  and  there  also 
shall  be  constructed  one  waste  gate,  as  nearly  opposite  to  the 
mouth  of  every  feeder  taken  into  the  canal,  as  the  convenient 
discharge  of  the  water  will  permit. 

willful  §  814.  (1870,  cA.  299,  §  1.)  If  any  person  or  persons  shall 

tion'of  willfully  or  corruptly  cast  away,  burn,  sink,  scuttle  or  other- 
boats,  eta.,  .  ,  J.  J  ,  ,,  , 
shall  be  wise  destroy  any  vessel,  canal  boat  or  other  craft  upon  any  of 

a  felony,     the  lakes  or  other  navigable  inland  waters  of  this  state,  or 


1  See  canal  board  proceedings,  1868,  page  37. 


MISCELLANEOUS  PROVISIONS.  297 

upon  any  canal  of  this  state,  with  intent  to  injure  or  defraud 
any  owner  of  such  vessel,  canal  boat  or  other  craft,  or  with 
intent  to  injure  or  defraud  the  owner  or  owners  ~$  any  prop- 
erty shipped  or  laden  on  board  the  same  for  transportation,  or 
with  intent  to  injure  or  defraud  any  insurer  of  such  vessel, 
canal  boat  or  other  craft,  or  of  any  property  so  shipped  or 
laden  thereon,  or  of  any  part  thereof,  the  person  or  persons  so 
offending  shall,  upon  conviction  thereof,  be  deemed  and  Penalty, 
adjudged  guilty  of  a  felony,  and  shall  be  punished  by  impris- 
onment in  a  state  prison  for  a  term  not  less  than  two  years. 

§  815.  (Same  ch.,  §  2.)  Any  owner  or  owners  of  any  vessel,  Destruc- 
caual  boat  or  other  craft,  or  any  other  person  who  shall,  upon  owSers, 
any  of  the  lakes  or  other  inland  navigable  waters  of  this  state,  tent  to  ~de- 
or  upon  any  canal  of  this  state,  willfully  or  corruptly  cast  others,  a 
away,  burn,  sink,  scuttle  or  otherwise  destroy  or  injure  any 
such  vessel,  canal  boat  or  other  craft,  or  in  any  manner  direct, 
procure  or  cause  the  same  to  be  done,  with  intent  to  injure  or 
defraud  any  owner  or  owners  of  any  property  shipped  or  laden 
on  board  the  same,  or  any  insurer  of  such  property,  or  of  any 
part  thereof,  shall,  upon  conviction  thereof,  be  deemed  and 
adjudged  guilty  of  a  felony,  and  shall  be  punished  by  impris- 
onment in  a  state  prison  for  a  term  not  less  than  two  years. 

§  816.  (Same  ch.,  §  3.)  Any  person  or  persons  who  shall  Attempt 
willfully  or  corruptly  attempt  to  cast  away,  burn,  sink,  scuttle  0°  desJr 
or  otherwise  destroy  any  vessel,  canal  boat  or  other  craft  upon 
any  of  the  lakes  or  other  navigable  inland  waters  of  this  state, 
or  upon  any  canal  of  this  state,  with  intent  or  design  to  injure 
or  defraud  the  owner  or  owners  of  such  vessel,  canal  boat  or 
other  craft,  or  the  owner  or  owners  of  any  property  shipped  or 
laden  on  board  the  same,  or  any  insurer  of  any  such  vessel, 
canal  boat  or  other  craft  or  property,  or  any  part  thereof 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  felony, 
and  shall  be  punished  by  imprisonment  in  a  state  prison  for  a 
term  not  less  than  one  year.1 

STEAM  TOWING  ON  THE  CANALS. 
THE  EUROPEAN  SYSTEM. 

§  817.  (1870,  ch.  576,  §  1.)  Permission  is  hereby  granted  to 
A.ddison  M.  Farwell,  of  Watertown,  New  York,  his  associates 
and  successors,  who  may  organize  a  corporation  under  the  act 

1  For  amendt.  Rev.  Stat.  relating  to  wrecks  on  any  inland  lake  or  river 
see  1869,  ch.  493. 
38 


298  MISCELLANEOUS  PROVISIONS. 

entitled  "An  act  to  authorize  the  formation  of  corporations 
for  manufacturing,  mining,  mechanical  and  chemical  pur- 
poses," passed  February  17th,  1848,  and  any  act  or  acts 
amendatory  thereof,  to  introduce  upon  the  canals  of  this  state 
the  "European  system"  of  steam  towing. 

§  818.  (Same  oh.,  §  2.)  The  said  Farwell,  his  associates  and 
successors,  who  shall  organize  as  provided  in  previous  section, 
are  hereby  authorized  and  empowered  to  tow  boats,  floats  and 
cargoes  on  the  canals  of  this  state  for  hire,  and  for  that  pur- 
pose may  purchase  and  construct,  or  cause  to  be  constructed, 
the  necessary  appliances  for  carrying  on  the  business  of  canal 
towing  under  the  said  European  method,  and  shall  have  the 
exclusive  right  and  privilege,  during  the  term  for  which  said 
corporation  may  be  organized,  to  submerge  or  place  one  or 
more  chains  or  cables  on  the  bottom  of  the  canals  of  this  state, 
and  attach  the  same  thereto  in  such  manner  as  will  not  inter- 
fere with  navigation ;  and  shall  have  exclusive  right  to  use 
such  submerged  chains  and  cables,  designated  and  known  as  the 
European  system,  in  the  prosecution  of  the  peculiar  method 
of  towing  thereby.  And  whenever  and  wherever  it  may  be 
necessary  so  to  do,  the  said  Farwell,  his  associates  and  success- 
ors, or  corporation  aforesaid,  are  hereby  authorized  and  em- 
powered to  own  and  employ  other  motive  power  in  connec- 
tion with  said  chain  or  cable  process,  provided  the  same  shall 
not  interfere  with  navigation.  Nothing,  however,  in  this  sec- 
tion contained  shall  be  construed  as  excluding  other  parties 
from  the  right  or  privilege  of  propelling  or  towing  themselves 
or  others  by  the  agency  of  steamboats,  propellers,  elevated  rail- 
way or  animal  power,  but  simply  to  vest  in  the  said  Farwell, 
his  associates  and  successors,  or  corporation  organized  as  afore- 
said, the  exclusive  right  to  lay  and  use  chains  or  cables  in  the 
prosecution  of  the  European  system  of  towing  thereby. 

§  819.  (Same  ch.,  §  3.)  Any  person  who  shall  meddle  with 
or  disturb  the  chains  or  cables,  authorized  to  be  laid  under 
this  act,  with  intent  to  injure  the  same,  or  in  any  manner  to 
embarrass  the  operation  thereof,  or  any  person  who  shall  will- 
fully obstruct  or  interfere  with  boats  rightfully  using  said 
chains  or  cables,  or  towed  thereby,  shall  be  deemed  guilty  of  a 
misdemeanor  punishable  by  fine  or  imprisonment,  the  fine 
not  to  exceed  two  hundred  dollars,  and  imprisonment  not  to 
exceed  three  months.  And  any  person  who  shall  willfully 


MISCELLANEOUS  PKOVISIONS.  299 

injure  the  chains  or  cables  as  aforesaid,  or,  by  other  improper 
conduct,  shall  detain  the  boats  rightfully  using  said  chains  or 
cables,  or  being  towed  thereby,  shall  be  liable,  to  the  parties 
aggrieved,  for  all  damages  occasioned  by  said  injury  or  deten- 
tion. 

§  820.  (Same  ch.,  §  4.)  The  tugs,  with  machinery  connected 
therewith,  employed  by  said  Farwell,  his  associates  and  suc- 
cessors, or  corporation  aforesaid,  in  the  prosecution  of  tow- 
ing, together  with  the  fuel  necessary  to  the  voyage  carried 
thereon,  shall  be  exempt  from  the  payment  of  tolls. 

§  821.  (Same  ck.,  §  5.)  In  case  said  Farwell,  his  associates 
and  successors,  or  corporation  aforesaid,  shall  neglect  or  fail  to 
introduce  said  system  of  towing  on  the  Erie  canal  within 
eighteen  months  after  the  passage  of  this  act,  all  rights  and 
privileges  herein  granted  shall  cease. 

§  822.  (Same  ch.,  §  6.)  Nothing  herein  contained  shall  be 
construed  to  exclude  the  system  of  towage  hereby  authorized 
from  the  supervision  and  control  of  the  canal  board ;  but  the 
same  shall  be  subject  to  all  the  rules  and  regulations  from 
time  to  time  established  by  the  canal  board  for  the  navigation 
of  the  canals. 

§  823.  (Same  ck.,  §  Y.)  The  legislature  may,  at  any  time, 
alter,  modify  or  repeal  this  act. 

BY  CABLES  OR  RAILS  SUSPENDED  OVER  CANAL. 

§  824.  (1870,  ch.  655,  §  1.)  Permission  is  hereby  granted 
to  Norman  W.  Kingsley  of  New  York,  and  Charles  H. 
Gardner  of  Brooklyn,  their  associates  and  successors,  who  may 
organize  a  corporation  under  the  act  entitled  "An  act  to 
authorize  the  formation  of  corporations  for  manufacturing, 
mining,  mechanical  and  chemical  purposes,"  passed  February 
IT,  1848,  and  any  act  or  acts  amendatory  thereto,  to  introduce 
upon  the  canals  of  this  state  an  improved  system  of  steam 
towage,  by  the  use  of  chains,  cables  or  rails  suspended  over 
the  canal,  under  a  patent  or  patents  to  be  held  or  acquired  by 
said  corporation,  with  the  exclusive  right  to  use  the  said  sys- 
tem thereon,  during  the  full  term  for  which  the  said  corpora- 
tion may  be  organized. 


300  MISCELLANEOUS  PROVISIONS. 

§  825.  (Same  ch.,  §  2.)  The  said  Norman  "W.  Kingsley, 
Charles  H.  Gardner,  their  associates  and  successors,  as  hereto- 
fore specified,  are  hereby  authorized  and  empowered  to  trans- 
port cargoes,  and  to  tow  boats  and  floats,  loaded  or  unloaded, 
for  hire,  upon  the  canals  of  this  state,  at  a  rate  of  speed  not 
exceeding  four  miles  per  hour,  and  which  shall  not  work 
injury  thereto,  and  for  such  purpose  may  purchase,  contract, 
erect  and  use  thereon,  such  boats,  boilers,  engines,  apparatus, 
suspended  rails,  chains  or  cables,  and  machinery,  as  shall  be 
necessary  to  apply  and  operate  said  improved  system  of  steam 
towage,  in  such  manner  as  shall  not  interfere  with  navigation 
on  said  canals.  Nothing,  however,  in  this  section  contained 
shall  be  construed  as  excluding  other  parties  from  the  right  or 
privilege  of  propelling  or  towing  any  boat  or  float  upon  the 
canals  of  this  state  by  the  agency  of  steamboats,  propellers, 
tugs,  chains,  cables,  elevated  railways,  engines  or  animal  power, 
but  simply  to  vest  in  the  said  Norman  W.  Kingsley,  Charles 
H.  Gardner,  their  associates  and  successors,  or  corporation 
organized  as  aforesaid,  the  exclusive  right  to  apply  and  operate 
the  said  improved  system  of  towage. 

§  826.  (Same  ch.,  §  3.)  The  machinery,  engines  and  boilers 
used  in  pursuance  of  this  act,  the  boats  carrying  the  same,  and 
the  fuel  necessary  for  the  voyage,  shall  be  exempt  from  the 
payment  of  tolls  upon  all  the  canals  in  this  state. 

§  827.  (Same  ch.,  §  4 ;  amended  1871,  ch.  903.)  In  case  the 
said  Norman  W.  Kingsley,  Charles  H.  Gardner,  their  asso- 
ciates and  successors,  or  corporation  aforesaid,  shall  neglect  or 
fail  to  introduce  said  system  of  towing  on  the  Erie  canal 
within  three  years  after  the  passage  of  this  act,  all  rights  and 
privileges  herein  granted  shall  cease. 

§  828.  (Same  ch.,  §  5.)  Nothing  herein  contained  shall  be 
construed  to  exclude  the  system  of  towage  hereby  authorized 
from  the  supervision  and  control  of  the  canal  board,  but  the 
same  shall  be  subject  to  all  the  rules  and  regulations  estab- 
lished, and  to  be  established,  by  the  canal  board  for  the  navi- 
gation of  the  canals. 

§  829.  (Same  ch.,  §  6.)  The  legislature  may,  at  any  time 
alter,  modify  or  repeal  this  act. 


MISCELLANEOUS  PROVISIONS.  301 

THE   AMERICAN    SYSTEM. 

§  830.  (1871,  ch.  911,  §  1.)  Pel-mission  is  hereby  granted 
to  James  Richmond  and  William  S.  Farnell,  of  the  city  of 
Lockport,  New  York,  their  associates  and  successors,  who  may- 
organize  a  corporation  under  the  act  entitled  "An  act  to 
authorize  the  formation  of  corporations  for  manufacturing, 
mining,  mechanical  and  chemical  purposes,"  passed  February 
17,  1848,  and  any  act  or  acts  amendatory  thereof,  to  introduce 
upon  the  canals  of  this  state  an  improved  system  of  cable 
towage,  under  a  patent  or  patents  to  be  held  or  acquired  by 
said  corporation,  with  the  exclusive  right  to  use  the  said  sys- 
tem thereon,  during  the  full  term  for  which  said  corporation 
may  be  organized. 

§  831.  (Same  ch.,  §  2.)  The  said  James  Richmond, William 
S.  Farnell,  their  associates  and  successors,  as  heretofore  speci- 
fied, are  hereby  authorized  and  empowered  to  transport 
cargoes,  and  to  tow  boats  and  floats,  loaded  or  unloaded,  for 
hire,  upon  the  canals  of  this  state,  at  a  rate  of  speed  not 
exceeding  four  miles  per  hour,  and  which  shall  not  work 
unusual  and  permanent  injury  thereto,  and  for  such  purpose 
may  purchase,  construct,  erect  and  use  thereon,  such  boats, 
boilers,  engines,  apparatus,  chains,  cables,  structures  and 
machinery,  as  shall  be  necessary  to  apply  and  operate  said 
improved  system  of  cable  towage,  in  such  manner  as  shall  not 
interfere  with  navigation  on  said  canal.  Nothing,  however, 
in  this  section  contained,  shall  be  construed  as  excluding  other 
parties  from  the  rights  or  privileges  of  propelling  or  towing 
any  boats  or  floats  upon  the  canals  of  this  state,  by  the  agency 
of  steamboats,  propellers,  tugs,  chains,  cables,  elevated  rail- 
ways, engines  or  animal  power,  but  simply  to  vest  in  the  said 
James  Richmond  and  William  S.  Farnell,  their  associates  and 
successors,  or  corporation  organized  as  aforesaid,  the  exclusive 
right  to  apply  and  operate  the  said  improved  system  of  cable 
towage. 

§  832.  (Same  ch.,  §  3.)  The  machinery,  engines  and 
boilers,  used  in  pursuance  of  this  act,  tlie  boats'carrying  the 
same,  and  the  fuel  and  materials  necessarily  used  in  propelling 
the  necessary  boats  and  machinery  to  operate  said  towage  sys- 
tem, shall  be  exempt  from  the  payment  of  tolls  upon  all  the 
canals  of  this  state,  but  in  no  case  shall  fuel  or  material  be 


302  MISCELLANEOUS  PROVISIONS. 

exempt  from  payment  of  tolls,  except  when  on  boats  actually 
using  the  same. 

§  833.  (Same  ch.,  §  4.)  In  case  the  said  James  Richmond, 
William  S.  Farnell,  their  associates  and  successors,  or  corpora- 
tion aforesaid,  shall' neglect  or  fail  to  introduce  said  system  of 
towage  on  the  Erie  canal,  within  eighteen  months  after  the 
pasage  of  this  act,  all  rights  and  privileges  herein  granted 
shall  cease. 

§  834.  (Same  ch.,  §  5.)  Nothing  herein  contained  shall  be 
construed  to  exclude  the  system  of  towage  hereby  author- 
ized from  the  supervision  and  control  of  the  canal  board, 
but  the  same  shall  be  subject  to  all  the  rules  and  regulations 
established,  and  to  be  established,  by  the  canal  board,  for  the 
navigation  of  the  canals. 

§  835.  (Same  ch.,  §  6.)  The  legislature  may,  at  any  other 
time,  repeal,  alter  or  modify  the  provisions  of  this  act. 

BY    STEAM   WAGON. 

§  836.  (1872,  ch.  550,  §  1.)  The  canal  commissioners  are 
hereby  authorized  and  directed  to  allot  and  set  out  to  D.  O. 
Williamson  a  distance  on  the  Erie  canal  of  not  less  than  live 
miles,  at  such  point  as  may  be  most  convenient  and  suitable, 
for  the  purpose  of  experimenting  with  his  road  steam  engine 
for  the  towage  of  boats,  said  experiments  being  made  under 
the  direction  of  said  commissioners. 


COMMISSION  TO  TEST  THE  USE  OF  ANY  MOTOR   OTHEK  THAN  ANIMAL 
POWER,  AND  TO  AWARD  PRIZES. 

§  837.  (1871,  ch.  868,  §  1.) '     George  B.  McClellan,  Horatio 
test  new     Seymour,  Erastus  S.  Prosser,  David  Dows,  George  Geddes, 
ofepropui-  Yan  R.  Richmond,  Willis  S.  Nelson,  George  W.  Chapman, 
boats.        William  W.  Wright  and  John  D.  Fay,  are  hereby  appointed 
a  commission  to  practically  test  and  examine  inventions,  or 
any  and  all  devices  which  may  be  submitted  to  them  for  that 
purpose,  by  which  steam,  caloric,  electricity,  or  any  other 
motor  than  'animal  power,  may  be  practically  and  profitably 

1  "An  act  to  foster  and  develop  the  internal  commerce  of  the  State,  by  in- 
viting and  rewarding  the  practical  and  profitable  introduction  upon  the 
canals  of  steam,  caloric,  electricity,  or  any  motor  other  than  animal  power, 
for  the  propulsion  of  boats." 


MISCELLANEOUS  PROVISIONS.  303 

used  and  applied  in  the  propulsion  of  boats  upon  the  canals ; 
said  examination  and  tests  shall  be  had  by  the  said  commis- 
sioners at  such  time  or  times  during  the  season  of  canal  navi- 
gation, for  the  years  eighteen  hundred  and  seventy-one  and 
seventy-two,  as  they  may  order  and  direct ;  said  commissioners 
shall  have  the  right,  and  they  are  hereby  expressly  required, 
to  reject  all  such  inventions  or  devices,  if  in  their  opinion 
none  of  the  said  inventions  or  devices  shall  fully  and  satisfac- 
torily meet  the  requirements  of  this  act ;  but  said  commis- 
sioners shall  demand  and  require :  First,  The  inventions  or 
devices  to  be  tested  and  tried  at  their  own  proper  costs  and 
charges  of  the  parties  offering  the  same  for  trial.  Second, 
That  the  boat  shall,  in  addition  to  the  weight  of  the  machinery 
and  fuel  reasonably  necessary  for  the  propulsion  of  said  boat, 
be  enabled  to  transport,  and  shall  actually  transport,  on  the 
Erie  canal  on  a  test  or  trial  exhibition,  under  the  rules  and 
regulations  now  governing  the  boats  now  navigating  the  canals, 
at  least  two  hundred  tons  of  cargo.  Third,  That  the  rate  of 
speed  made  by  said  boat  shall  not  be  less  than  an  average  of 
three  miles  per  hour,  without  injury  to  the  canals  or  their 
structures.  Fourth,  That  the  boat  can  be  readily  and  easily 
stopped  or  backed  by  the  use  and  power  of  its  own  machinery. 
Fifth,  That  the  simplicity,  economy  and  durability  of  the 
invention  or  device  must  be  elements  of  its  worth  and  useful- 
ness. Sixth,  That  the  invention,  device  or  improvement  can 
be  readily  adapted  to  the  present  canal  boats ;  and,  lastly,  that 
the  commissioners  shall  be  fully  satisfied  that  the  invention  or 
device  will  lessen  the  cost  of  canal  transportation  and  increase 
the  capacity  of  the  canals.  Any  means  of  propulsion  or  towage 
other  than  by  a  direct  application  of  power  upon  tlfe  boat, 
which  does  not  interfere  in  any  manner  with  the  present 
method  of  towage  on  the  canals,  and  complying  in  all  other 
respects  with  the  provisions  of  this  act,  may  be  entitled  to  the 
benefits  thereof ;  but  this  shall  not  be  construed  to  apply  to 
the  system  known  as  the  Belgian  system,  or  to  any  mode  of 
propulsion  by  steam  engines  or  otherwise  upon  either  bank 
of  the  canals. 


§  838.  (Same  ch.,  8  2.)    No  such  test  shall  be  made  if  the  Not  to 

T     i  1   •  j    -u-    j  j   i        ru 

same  shall  in  any  manner  retard,  hinder,  or  delay  the  passage 

-i-ii 

of  boats  navigating  the  canals  under  the  present  system. 


hinder 

naviga- 

tion. 


304  .  MISCELLANEOUS  PROVISIONS. 

Maysrant  §  839.  (Same  ch.,  §  3.)  If  the  commissioners  herein  ap- 
cates,eto.  pointed  shall,  upon  such  examination  and  test  as  is  provided 
for  in  the  first  section  of  this  act,  conclude  and  determine  at 
any  time  that  one  or  more  inventions  or  devices  aforesaid,  but 
not  to  exceed  three  in  number,  shall  be  in  all  respects  a  full 
and  satisfactory,  practicable  and  profitable  adaptation  to  the 
wants  of  the  canals  by  reason  of  a  new,  useful  and  economi- 
cal means  of  propulsion  for  boats  within  the  meaning  of  this 
act,  it  shall  then,  and  not  otherwise,  be  their  duty  to  grant 
unto  the  owner  or  owners  of  such  inventions  or  devices,  his  or 
their  attorney,  their  certificate  or  certificates  under  their  hands 
as  such  commissioners,  that  they  have  so  determined  and  ad- 
judged to  the  owner  or  owners  of  the  invention  or  device 
which,  in  the  judgment  of  said  commissioners,  possesses  in  the 
greatest  degree  of  perfection  the  requisites  mentioned  in  the 
first  section  they  shall  grant  a  certificate  which  shall  be  known 
as  certificate  No.  one ;  and  to  the  owner  or  owners  of  the  next 
best  invention  or  device,  they  shall  grant  a  certificate  as  afore- 
said, which  shall  be  known  as  certificate  No.  two ;  and  to  the 
owner  or  owners  of  the  third  best  invention  or  device,  they 
shall  grant  a  certificate  as  aforesaid,  which  shall  be  known  as 
certificate  No.  three. 

oath  and  §  840.  (Same  ch.j  §  4.)  Before  entering  upon  the  duties  of 
his  office  each  of  the  commissioners  herein  named  shall  take 
and  subscribe  an  official  oath,  which  shall  be  filed  at  once  in 
the  office  of  the  secretary  of  state.  Any  vacancy  arising  from 
any  cause  in  said  commission,  may  be  filled,  on  the  application 
of  the  remaining  commissioners,  by  the  governor. 

Reason-  §  841.  (Same  ch.,  §  5.)  The  reasonable  expenses  of  the  said 
pensesto  commission,  not  exceeding  in  all  the  sum  of  five  thousand 
dollars,  to  be  determined  by  the  said  board,  shall  be  paid  out 
of  any  sum  which  may  be  awarded  to  the  person  or  persons 
receiving  the  certificates  mentioned  in  the  third  section  of  this 
act,  in  proportion  to  the  amount  awarded  to  the  holders  of 
said  certificates,  providing  such  certificates  shall  be  granted ; 
and  if  no  such  certificate  shall  be  granted,  then  the  same  shall 
be  paid  by  the  treasurer  on  the  warrant  of  the  comptroller 
out  of  any  moneys  in  the  treasury  not  otherwise  appropriated. 

Payment        §  842.  (Same  ch.,  §  6.)  Upon  the  production  by  the  owner 
cates!  '       or  owners,  or  his  or  their  attorney,  of  such  certificate  or  cer- 


MISCELLANEOUS  PROVISIONS.  305 

tificates  as  may  be  granted  under  the  provisions  of  this  act, 
to  the  comptroller,  he  shall  draw  his  warrant  upon  the  treasu- 
rer of  the  state  of  New  York  for  the  sum  of  fifty  thousand 
dollars,  payable  to  the  said  owner  or  owners  of  said  inven- 
tion, device,  his  or  their  attorney,  out  of  any  money  in  the 
treasury  not  otherwise  appropriated,  in  case  but  one  certificate 
shall  have  been  granted  by  said  commissioners.  If  two  cer- 
tificates shall  have  been  granted  and  no  more,  then  the  said 
comptroller  shall  draw  his  said  warrant  upon  the  said  treasurer 
for  the  sum  of  thirty-five  thousand  dollars,  payable  to  the 
owner  or  owners  of  certificate  No.  one ;  and  said  comptroller 
shall  also  draw  his  said  warrant  upon  the  said  treasurer  for  the 
sum  of  fifteen  thousand  dollars,  payable  to  the  owner  or 
owners  of  certificate  No.  two.  If  three  certificates  shall  be 
granted  by  said  commissioners,  then  and  in  that  case  the  said 
comptroller  shall  draw  his  said  warrant  upon  the  said  treasurer 
for  the  sum  of  thirty  thousand  dollars,  payable  to  the  owner 
or  owners  of  certificate  No.  one  ;  and  one  of  fifteen  thousand 
dollars,  payable  to  the  owner  or  owners  of  certificate  No.  two ; 
and  one  of  five  thousand  dollars,  payable  to  the  owner  or 
owners  of  certificate  No.  three. 


§  843.    (Same  ch..  §  T.)    If  on  or  before  the  first   day  of  Payment 

*  of  further 

November,  eighteen  hundred  and  seventy-three,  the  commis-  certm- 

*  '  cates 

sioners  hereinbefore  named  shall,  upon  due  examination,  find 
and  determine  that  the  said  invention  or  device  has  been  suc- 
cessfully operated  upon  the  canals,  and  has  been  or  will  be 
largely  adopted  as  a  motor  on  said  canals  by  reason  of  its  supe- 
riority over  any  other  known  method  of  propulsion,  then  and 
in  such  case  they  shall  grant  a  further  certificate  of  that  fact, 
and  the  comptroller,  upon  its  presentation  to  him,  shall  draw 
his  warrant  upon  the  treasurer  of  the  state  for  the  further 
sum  of  fifty  thousand  dollars,  payable  to  the  said  owner  or 
owners  of  the  said  device,  his  or  their  attorney,  out  of  any 
money  in  the  treasury  not  otherwise  appropriated  ;  but  in 
case  of  the  granting  by  said  commissioners  of  more  than  one 
certificate,  as  stated  in  section  six  of  this  act,  then  and  in  that 
case  the  sum  of  fifty  thousand  dollars,  mentioned  in  this  sec- 
tion, shall  be  divided  among  and  paid  to  the  owners  of  the 
said  certificates  in  the  proportion,  and  in  the  manner  as  stated 
in  section  six  of  this  act. 
39 


306  OF  THE  STATE  ENGINEER  AND  SURVEYOR. 

Powers  of       §  844.  (1873,  ch.  480,  §  1.)  Chapter  eight  hundred  and  sixty- 
sioners       eight  of  the  laws  of  eighteen  hundred  and  seventy-one,  enti- 

continued  J 

for  one       tied  "  An  act  to  foster  and  develop  the  internal  commerce  of 

year. 

the  state,  by  inviting  and  rewarding  the  practical  and  profita- 
ble introduction  upon  the  canals  of  steam,  caloric,  electricity, 
or  any  motor  other'  than  animal  power,  for  the  propulsicsi  of 
boats,"  is  hereby  amended  so  as  to  continue  the  powers  of  the 
commissioners  appointed  therein  one  year  beyond  the  time 
limited  by  sections  one  and  seven  of  said  act.1 


[AKTICLE  X.] 

OF  THE  STATE  ENGINEER  AND   SURVEYOR,  THE  DIVISION,  RESIDENT, 
AND  ASSISTANT  ENGINEERS  AND  THEIR  DUTIES. 

SECTION  850.  State  engineer  and  surveyor ;  term  of  office. 

851.  To  collect  and  preserve  maps,  plans,  surveys,  etc. 

852.  Maps,  etc.,  to  be  subject  to  public  inspection. 

853.  Office,  where  to  be  kept. 

854.  Powers  and  duties. 

855.  To  have  supervision  of  the  engineer  department. 

856.  Duties  of  division,  resident  and  assistant  engineers. 

857.  Fraud  or  misconduct  by,  how  investigated. 

858.  Salary  of  state  engineer  and  surveyor ;  travel  fees. 

859.  May  employ  clerks,  their  compensation. 

860.  To  visit  and  inspect  all  the  canals  and  make  suggestions  for 

their  improvement  and  maintenance. 

861.  To  cause  maps,  plans,  etc.,  to  be  made  before  location,  with 

his  opinion  thereon. 

862.  Division  engineers  to  frequently  pass  over  and  inspect  the 

canals,  and  make  suggestions  to  officers  in  charge. 

863.  Division  engineers  to  make  maps,  plans,  etc.,  to  be  submitted 

to  the  canal  board. 

864.  Division  engineers  to  make  estimates,  etc.,  before  the  letting 

of  contracts. 

865.  Duties  of  resident  engineers. 

866.  Duties  of  assistant  engineers. 

867.  Resident  and  assistant  engineers  to  be  under  supervision  of 

division  engineer. 

868.  Removal  of  engineers,  how  made. 

869.  Suspension  of  engineers,  how  made. 

870.  Annual  report  of  state  engineer  and  surveyor. 

871.  Certain  laws  and  parts  of  laws  repealed. 

872.  Penalty  for  making  false  estimates. 

873.  Deputy  state  engineer  and  surveyor,  his  powers  and  duties. 

874.  Contracts  for  enlargement  to  be  closed  September  1st,  1862. 

1  By  concurrent  resolution,  1872,  May  8th,  this  commission  was  directed 
to  examine  and  report  upon  the  plans  of  a  submerged  cable,  etc.,  known  as 
the  European  or  Belgian  system. 


OF  THE  STATE  ENGINEER  AND  SURVEYOR.  307 

875.  Plans  for  enlargement  not  to  be  changed. 

876.  No  more  than  one  division  and  resident  engineer  to  be  em- 

ployed on  each  division ;  appointment  and  compensation ; 
state  engineer  and  surveyor  to  prescribe  duties. 

877.  Temporary  assistance  may  be  employed  ;  statement  of  to  be 

filed  ;  engineers  to  give  bond ;  advances  to  engineers. 

878.  Duties  of  engineers.     Compensation  and  expenses,  how  paid. 

879.  Rank  of  engineers. 

880.  Resident  engineer  Chenango  extension. 

881.  Duties. 

882.  To  give  bond. 


OF  THE  STATE  ENGINEER   AND   SURVEYOR. 

§850.    (Const.,  Art.  V.,  §2.)    A  state  engineer  and   sur-  Term  of 
veyor  shall  be  chosen  at  a  general  election,  and  shall  hold  his 
office  two  years,  but  no  person  shall  be  elected  to  said  office 
who  is  not  a  practical  engineer. 

§  851.  (1840,  ch.  259,  §  1,  modified  1848,  ch.  72.)  The  [state  Topre- 
engineer  and  surveyor]  is  hereby  authorized  and  required  to  maps, 
collect  and  preserve  all  maps,  plans,  drawings,  levels  and  sur- 
veys of  every  description  made  and  to  be  made  for  the  use  of 
the  state. 

§  852.  (1842,  ch.  120,  §  2.)  The  maps,  drawings  and  other  subject  to 
documents  deposited  as  herein  provided,  shall  be  subject  to  the  tion.ec~ 
inspection  of  the  public  officers  and  citizens  of  this  state,  at 
all  reasonable  hours,  but  shall  not  be  removed  or  taken  away 
from  the  office. 

§  853.   (1848,  ch.  72,  §  1.)  The  office  of  the  state  engineer  offices, 
and   surveyor  shall  be  kept  in  the  new  state  hall,  and  the 
trustees  thereof  shall  assign  a  suitable  room  or  rooms  therein 
for  his  use.1 

§  854.    (Same  ch.,  §  2.)    The  state  engineer  and  surveyor  Powers 
shall  possess  all  the  powers,  and  discharge  all  the  duties  pre-  duties, 
scribed  or  required  by  law  to  be  discharged  by  the  surveyor- 
general  prior  to  the  first  day  of  January,  eighteen  hundred 
and  forty-eight,  except  his  powers  and  duties  as  a  commis- 
sioner of  the  canal  fund. 

1  Laws  of  1840,  ch.  295,  provides  that  the  trustees  of  the  new  state  hall, 
shall  assign  apartments  therein  to  the  secretary  of  state,  comptroller,  trea- 
surer, attorney-general,  the  canal  board  and  the  canal  commissioners. 


308  OF  THE  STATE  ENGINEER  AND  SURVEYOR. 

super-  §  855.  (Same  ch.,  §  3.)    The  state  engineer  and   surveyoi 

engineer     shall  have  the  general  supervision  of  the  engineer  department, 

menY.        and  shall  perform  all  such  duties  in  relation  to  the  canals,  as 

shall  be  required  by  the  canal  board,  and  shall  visit  and  inspect 

the  public  works  of  this  state  as  often  as  in  his  judgment  it 

shall  be  necessary. 

Duties  of  §  856.  (  Same  ch.,  §  6 ;  modified  1865,  ch.  477.)  Whenever 
neere.  any  division,  resident  or  assistant  engineer  shall  be  required  by 
the  canal  board  or  the  canal  commissioners,  or  the  acting  com- 
missioner on  his  division  of  the  canals,  to  perform  any  ser- 
vice in  the  line  of  his  duty,  he  shall  perform  the  same  under 
the  supervision  of  the  state  engineer  and  surveyor,  *  *  ,1 

Frauds  to       §  857.  (Same  ch.,  §  8 ;  amended  1848,  ch.  162,  §  11.)  When- 

be  investi- 
gated.       ever  the  state  engineer  and  surveyor,  or  either  of  the  canal 

commissioners  shall  suspect  any  fraud  or  misconduct  on  the 
part  of  any  engineer  or  assistant,  in  relation  to  the  public  works, 
it  shall  be  his  duty  to  report  the  same  to  the  canal  board,  who 
may  employ  so  many  and  such  agents  and  engineers  as  they 
deem  proper,  to  aid  them  in  the  investigation  of  the  matter, 
and  draw  on  the  [treasurer  on  warrant  of  the  auditor]  for 
their  compensation,  and  the  expenses  of  such  investigation. 

salary  and      §  858.  (Same  ch.,  §  11.)  There  [shall!  be  allowed  and  paid 

travel  fees  ^    *  '  ,\ 

of  state       to  the  state  engineer  and  surveyor  an  annual  salary  of  two 

engineer 

and  sur-      thousand  five  hundred  dollars,  to  be  paid  out  of  the  canal  fund 

veyor. 

quarterly,  to  commence  on  the  first  day  of  January,  1848,  be- 
sides travel  fees  at  the  same  rate  as  those  allowed  each  of  the 
canal  commissioners,  but  such  travel  fees  shall  not  exceed  two 
hundred  dollars  in  any  one  year.8 

May  em-  §  859.  (1848,  ch.  381,  §  1.)  »  *'  *  The  state  engineer 
clerks.  and  surveyor,  may  until  it  is  otherwise  provided  by  law,  from 
time  to  time,  employ  one  or  more  clerks  in  his  office  in  like 
manner  as  other  state  officers,  and  as  respects  the  business  of 
their  respective  offices,  authorized  to  do,  the  compensation  of 
which  clerks  shall  not  in  the  whole  exceed  the  sum  of  one 
thousand  five  hundred  dollars,  and  shall  be  payable  each  quar- 
ter of  a  year  in  ratable  parts.  *  *  * 

1  See  §  293,  ante. 

9  The  word  "  shall "  omitted  in  statute  as  printed. 


OF  THE  STATE  ENGINEER  AND  SURVEYOR.  309 

§  860.  (1850,  ch.  377,  §  5.)  The  state  engineer  and  surveyor  state  en- 
Bhall  visit  and  carefully  inspect  all  the  canals  of  this  state,  at  visit  ail 
least  once  in  each  year,  and  shall  make  such  additional  visits 
and  examinations  of  the  whole  or  any  portion  thereof,  and 
shall  communicate  to  the  canal  board  and  to  the  canal  commis- 
sioners such  information  and  suggestions,  from  time  to  time, 
in  relation  to  the  improvement  and  maintenance  of  the  canals, 
as  he  may  deem  the  public  interests  to  require. 

§  861.  (Same  ch.,  §  6.)  Before  any  line  for  the  enlargement  surveys, 
of  the  Erie  canal,  the  construction  or  the  improvement  of  any  tobe3' 
lateral  canal  or  any  sections  thereof,  not  already  under  con- 
tract, shall  be  finally  located,  the  state  engineer  and  surveyor 
shall  cause  such  surveys,  maps,  plans,  specifications  and  esti- 
mates of  the  expense  of  constructing  the  prism  and  banks  of 
the  canal,  and  of  the  mechanical  structures  required  to  be 
built  thereon;  or  shall  in  his  discretion  revise  such  maps, 
specifications,  and  estimates  of  surveys  previously  made,  as 
will  render  it  practicable  readily  to  determine  the  line  of  canal, 
and  the  plan  of  constructing  the  same,  and  the  kind  and  plan 
of  the  mechanical  structures  that  should  be  adopted,  and  shall 
communicate  the  same  to  the  canal  board,  with  his  opinion  in 
relation  thereto,  in  writing,  together  with  his  opinion  as  to 
the  time  when  the  public  interest  requires  that  the  construc- 
tion of  such  line  or  portion  of  the  canal  should  be  commenced, 
and  the  time  when  the  same  should  be  completed. 

§  862.  (Same  ch.,  §  7.)  It  shall  be  the  duty  of  each  division  D$if*nof 
engineer  frequently  to  pass  over  and  carefully  inspect  all  the  engineer, 
canals  embraced  in  the  division  under  his  charge,  and  to  exam- 
ine, and  if  necessary  review  all  surveys,  maps,  profiles,  ad- 
measurements, plans,  specifications  and  estimates  made  in 
reference  thereto  by  any  engineer  employed  on  said  division, 
and  to  see  that  the  engineers  and  overseers  of  work  employed 
thereon  faithfully  perform  their  duties.  The  division  engi- 
neers shall  make  to  the  state  engineer  and  surveyor  and  to 
the  canal  comissioner  in  special  charge  of  the  division,  and  to 
the  superintendents  of  repairs,  such  suggestions  in  relation  to 
repairs  and  the  plan  of  making  the  same  as  will,  in  their  opin- 
ion, most  tend  to  a  safe  and  economical  maintenance  of  the 
navigation  of  the  canals. 


310  OF  THE  STATE  ENGINEER  AND  SURVEYOR. 

Duties  of        §  863.  (Same  ch..  §  8.)    The  division  engineer  shall,  under 

division         •,        j  •          •  /•      -i  . 

engineers,  me  direction  of  the  state  engineer  and  surveyor,  make  or 
cause  to  be  made  all  surveys,  maps,  plans,  specifications  and 
estimates  that  may  be  necessary  or  required  by  the  canal 
board  or  canal  commissioners  to  determine  the  proper  location 
of  the  line  of  the  canal,  or  any  portion  thereof,  on  their  re- 
spective divisions,  or  that  may  be  necessary  preparatory  to 
placing  any  work  under  contract  for  construction,  and  shall 
transmit  a  copy  thereof  to  the  state  engineer  and  surveyor, 
who  shall  upon  a  due  inspection  and  revision  submit  the  same 
to  the  canal  board  with  his  approval  indorsed  thereon,  and  on 
obtaining  thereon  their  certificate  of  adoption,  he  shall  file 
the  same  in  his  office. 

Letting          §  864.  (Same  ch.,  §  9.)  Before  any  work  shall  be  contracted 

and  con-  l  •       -     ,  -i         /.     -i  . 

strutting  for  on  any  01  the  canals  of  this  state,  the  division  engineers 
shall  ascertain  or  cause  to  be  ascertained  with  all  practicable 
accuracy  the  quantity  of  embankment,  excavation,  masonry 
and  the  quantity  and  quality  of  all  materials  to  be  used,  and 
all  other  items  of  work  to  be  placed  under  contract,  a  state- 
ment of  which,  together  with  maps,  plans  and  specifications 
corresponding  with  those  adopted  by  the  canal  board  and  on 
file  in  the  office  of  the  state  engineer  and  surveyor,  shall  be 
publicly  exhibited  to  persons  proposing  for  the  work  to  be  let. 
The  quantities  so  exhibited  shall  be  used  in  determining  the 
value  of  the  propositions  received,  and  after  the  contracts  shall 
have  been  awarded,  said  statement  of  quantities,  together  with 
the  maps,  plans  and  specifications  and  all  other  papers  relating 
to  the  work  advertised,  and  which  were  exhibited  as  afore- 
said, and  are  necessary  to  identify  the  plan  and  extent  of  the 
work  so  awarded,  shall  be  filed  in  the  office  of  the  state  engi- 
neer and  surveyor,  accompanied  with  the  certificate  of  the 
division  or  resident  engineer,  stating  the  time  and  place  they 
were  so  exhibited.  No  alteration  shall  be  made  in  any  map, 
plan  or  specification  adopted  by  the  canal  board,  and  so  exhib- 
ited, or  the  plan  of  any  work  under  contract  during  its  pro- 
gress, except  by  the  consent  and  approval  of  the  commissioner 
and  the  division  engineer,  nor  unless  the  description  of  such 
alteration  and  the  approval  thereof  be  reduced  to  writing  and 
be  signed  by  the  parties  making  the  same,  and  a  copy  thereof 
shall  have  been  filed  in  the  office  of  the  state  engineer  and 
gurveyor.  Nothing  in  this  section  contained  shall  be  construed 
to  authorize  any  change  of  plan  that  shall  increase  the  expense 


OF  THE  STATE  ENGINEER  AND  SURVEYOR.  311 

of  the  work,  or  create  any  claims  against  the  state  for  dam- 
..ges  arising  therefrom,  unless  a  written  statement  setting  forth 
the  objects  to  be  attained  by  such  change  and  the  expense 
thereof  shall  have  been  submitted  to  the  canal  board,  and  their 
assent  at  a  meeting  in  which  the  state  engineer  and  surveyor 
were  present,  shall  have  been  obtained. 

§  865.  (Same  ch..  §  10.)    It  shall  be  the  duty  of  the  resident  Duties  of 

.  ,.  T  ,.          .  resident 

engineers  under  the  immediate  direction  01  the  division  engi-  engineers 
neers,  respectively,  to  survey,  lay  out,  measure  and  compute 
the  quantities  of  all  work  ordered  by  the  canal  board  or  the 
canal  commissioners  to  be  surveyed  for  location,  construction 
or  other  purposes,  to  assist  the  division  engineer  so  far  as  may 
be  necessary  in  making  maps,  plans,  specifications  and  esti- 
mates, to  see  that  the  work  done  on  the  several  subdivisions  is 
well  and  faithfully  performed  by  the  contractors,  and  in  all 
respects  strictly  according  to  the  terms  of  the  contracts,  and 
on  the  completion  of  the  same  they  shall  accurately  ascertain 
the  quantity  of  the  several  items  of  work  done  and  the  amount 
at  the  contract  prices,  and  shall  present  to  the  canal  commis- 
sioner or  the  division  engineer  a  final  statement  thereof  in 
such  form  duly  verified  as  shall  be  prescribed  by  the  auditor 
of  the  canal  department ;  each  resident  engineer  shall  enter  or 
cause  to  be  entered  in  a  book  which  shall  be  furnished  for  that 
purpose  by  the  state  engineer  and  surveyor,  all  of  the  field 
notes  and  computations  of  the  items  of  work  done  on  the  sub- 
division under  his  charge,  with  such  recapitulations,  diagrams 
and  other  illustrations  as  may  be  necessary  to  render  the  same 
intelligible,  together  with  a  statement  of  the  total  quantity  of 
each  item  of  work  done  and  the  amount  thereof  at  the  con- 
tract price,  and  the  aggregate  amount  at  contract  prices  of  the 
work  done  by  each  contractor,  which  entry  shall  be  made  in 
due  form  and  properly  certified  by  the  several  engineers  who 
may  have  made  it  within  three  months  from  the  time  the  final 
statement  mentioned  in  this  section  shall  have  been  prepared, 
and  the  book  or  books  containing  such  entries  shall  within  one 
hundred  days  after  the  completion  of  the  work  on  each  subdi- 
vision, be  properly  indexed  and  filed  in  the  office  of  the  state 
engineer  and  surveyor.  The  resident  engineers  shall  severally 
perform  such  other  services  in  the  line  of  their  duties  as  shall 
from  time  to  time  be  required  by  the  state  engineer  and  sur- 
veyor, or  the  division  engineer  in  charge  of  the  subdivision  on 


312  OF  THE  STATE  ENGINEER  AND  SURVEYOR. 

which  they  may  be  located,  and  in  case  of  the  absence  or  in- 
ability of  the  division  engineers  to  act,  the  resident  engineer 
shall  discharge  the  duties  of  such  division  engineer  so  far  as 
relates  to  the  subdivision  assigned  to  said  resident  engineer. 

Duties  of  §  866.  (Same  ch.^  §  11.)  It  shall  be  the  duty  of  the  first 
assistant  engineer,  when  directed  by  the  resident  or  division 
engineer,  to  lay  out  and  accurately  measure  and  compute  the 
quantities  of  the  several  items  of  work  done  or  to  be  done,  in 
constructing  the  public  work  within  the  limits  severally  assigned 
to  them,  to  see  that  the  work  is,  on  the  part  of  the  contractors 
and  others  connected  therewith,  faithfully  performed,  and  in 
all  other  respects  to  aid  and  assist  the  resident  engineer,  in  the 
discharge  of  his  duties  as  prescribed  in  the  preceding  section 
of  this  act,  and  to  perform  such  other  service  in  the  line  of 
his  duties  as  the  resident  or  division  engineer  may  from  time 
to  time  require. 

Duties  ofi  §  867.  (Same  ch.,  §  12 ;  modified  1865,  ch.  477.)  Whenever 
engineers,  any  resident  or  first  assistant  engineer,  shall  by  the  canal  com- 
missioner in  special  charge  of  the  division  upon  which  they 
may  be  located,  be  required  to  perform  any  service  in  the  line 
of  their  duty  other  than  is  in  this  act  contained,  they  shall 
severally  perform  the  same  under  the  supervision  of  the 
division  engineer.  *  *  * 

Removal         §  868.  (Same  ck.,  §  13.)     The  canal  commissioner  in  special 
neersf "      charge  of  a  division  shall  have  power,  with  the  concurrence  of 
the  state  engineer  and  surveyor,  to  remove  for  cause  any  engi- 
neer employed  on  such  division. 

suspen-  §  869.  (Same  ch.,  §  14.)  The  canal  commissioner  in  special 
engineers,  charge  of  a  division  shall  have  power,  with  the  concurrence  of 
the  state  engineer  and  surveyor,  to  suspend  any  engineer  on 
such  division  for  misconduct  or  neglect  of  duty,  and  to  appoint 
another  to  discharge  the  duties  during  such  suspension.  The 
state  engineer  and  surveyor  or  commissioner  who  with  the 
concurrence  aforesaid  shall  suspend  any  engineer,  as  aforesaid, 
shall  forthwith  report  the  same  to  the  canal  board,  with  his 
reasons  therefor,  and  serve  a  copy  of  such  report  on  the  engi 
neer  so  suspended.  The  canal  board  shall  hear  the  proofs  and 
allegations  of  the  parties,  and  discharge  or  retain  such  engineer 
as  they  may  deem  right. 


OF  THE  STATE  ENGINEER  AND  SURVEYOR.  313 

§  870.  (Same  <?A.,  §  15.)  The  state  engineer  and  surveyor  Annual 
shall  annually  report  to  the  legislature,  within  twenty  days  rep°rt' 
after  the  commencement  of  its  session,  the  number  and  com- 
pensation of  the  engineers  employed,  and  that  may  have  been 
employed  during  the  preceding  year,  on  the  public  works  of 
this  state,  designating  the  number  employed  on  each  resident's 
subdivision,  and  the  length  and  estimated  cost  of  the  work 
under  contract,  the  amount  done  and  remaining  to  be  done  at 
the  contract  prices,  on  said  subdivisions  respectively.  Said 
report  shall  also  contain  such  other  information  in  relation  to 
his  proceedings  under  this  act,  and  such  suggestions  in  the 
line  of  his  duty  in  relation  thereto  as  he  may  deem  the  public 
interest  to  require.1 

§  871.  (Same  ch.,  §  16.)  So  much  of  all  laws  and  parts  of  Repeal- 
laws  as  conflict  with  the  provisions  of  this  act,  or  authorize  the 
.  appointment  or  employment  of  any  of  the  officers  or  persons 
whose  appointment  is  hereinbefore  provided  for,  in  any  other 
manner  than  according  to  the  provisions  of  this  act,  are  hereby 
repealed. 

§  872.  (1854,  ch.  329,  §  12.)  Any  engineer  or  other  officer 
or  person  in  the  employ  of  the  state,  who  shall  kndwingly 
make  any  false  representation  or  estimate  of  the  nature,  quality, 
quantity  or  cost  of  any  work  proposed  by  the  state  or  any  in- 
dividual to  be  done,  or  of  any  materials  so  proposed  to  be 
furnished  for  any  canal  or  its  appurtenances,  or  any  false 
representation  or  estimate  in  any  statement  of  work  or  mate- 
rials so  proposed,  which  may  be  required  by  the  canal  board, 
any  canal  commissioner  or  any  other  board  or  officer,  or  who 
shall  knowingly  report  or  certify  to  any  false  statement  of  the 
amount  of  any  work  done,  or  purporting  to  have  been  done 
for  the  state,  or  of  the  quality  or  nature  of  such  work,  or  of 
the  quality  or  quantity  of  any  materials  furnished  or  purport- 
ing to  have  been  furnished  to  the  state,  by  which  any  person 
may  be  enabled  to  claim  or  receive  a  greater  allowance  than  is 
justly  due,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  imprisoned  in  the  state  prison  for  not  more  PenaUy 
than  five  years,  or  in  a  county  jail  or  penitentiary  not  more 
than  two  years,  and  shall  be  fined  not  exceeding  one  thousand 
dollars. 

1  See  ante,  §  323. 
40 


314:  OF  THE  STATE  ENGINEER  AND  SURVEYOR. 

Deputy  §  873.  (1857,  ch.  633,  §  3.)  The  state  engineer  and  surveyor 

nee*  **  '  is  hereby  authorized  to  appoint  a  deputy,  who  may  perform 
any  of  the  duties  of  state  engineer  and  surveyor,  except  as 
commissioner,  trustee,  or  member  of  any  board,  and  who  shall 
receive  for  his  services  a  salary  at  the  rate  of  two  thousand 
dollars  per  annum.' 

Alien-  §874.  (1862,  ch.  169,81.)    All  contracts  for   the   enlarge- 

largement  ,V  '         .  '*    ,  '  ,        f      ,. 

contracts  ment  and  completion  ot  the  canals  01  this  state,  as  contem- 
ciosed.  plated  by  section  three  of  article  seven  of  the  constitution,  and 
not  hereinafter  provided  for,  shall  be  executed  and  performed 
in  accordance  with  the  plans,  maps  and  specifications  hereto- 
fore prescribed  and  adopted,  on  or  before  the  first  day  of  Sep- 
tember next  after  the  passage  of  this  act,  and  the  accounts  for 
the  said  enlargement  and  completion  shall  be  closed  as  soon 
thereafter  as  may  be,  and  no  more  work  shall  thereafter  be  done, 
or  materials  procured,  under  pretense  of  enlarging  and  com- 
pleting said  canals,  and  the  same  shall  be  deemed  and  consid- 
ered finished  and  completed,  and  from  that  time  all  the  powers 
and  authority  of  the  contracting  board  in  relation  to  the  en- 
largement, completion  and  construction  of  such  canals  shall 
cease. 

Plan  of  §  875.    (Same  ch.,  §  2.)   After  the  passage  of  this  act  the 

ment  not    canal  board  shall  not  have  power  to  change  the  plan  of  finish- 
to  be  _  1  1         <•         T  • 

changed,  ing  and  completing  the  work  01  enlarging  and  completing  said 
canals  as  heretofore  fixed  and  determined  by  the  resolutions  of 
said  board ;  nor  shall  the  said  board  have  the  power  to  change 
the  plan  of  construction  of  a  completed  canal,  its  banks,  locks, 
waste-weirs,  culverts,  bridges,  or  any  other  structure  or  mat 
ter  or  thing  connected  therewith,  except  to  allow  and  cer- 
tify to  such  works  of  extraordinary  repairs  and  improvements 
in  a  completed  canal  as  is  contemplated  by  the  existing  statutes 
of  the  state. 

Engineer  §  876.  (Same  ch.,  §  3  ;  amended  1865,  ch.  477,  §  1.)  Here- 
ment.  after  no  more  than  one  division  engineer  and  an  resident  engi- 
neer shall  be  employed  upon  each  division  of  the  said  canals. 
The  said  division  engineer  and  resident  engineer  shall  be  ap- 
pointed by  the  canal  board,  and  they  shall  be  practical  engi- 
neers, and  have  the  certificate  of  the  state  engineer  as  to  fit- 
ness, capacity  and  integrity ;  and  the  said  board  shall  fix  the 
compensation  of  such  engineers.  The  state  engineer  and  sur- 


OF  THE  STATE  ENGINEER  AND  SURVEYOR.  315 

veyor  shall  prescribe  and  define  the  duties  of  the  engineers  so 
appointed,  and  shall  assign  each  division  engineer  and  resident 
engineer  to  a  division  of  the  canal  corresponding  with  the 
division  of  each  of  the  canal  commissioners.  The  first,  second, 
third  and  fourth  sections  of  the  act  entitled  "  An  act  prescrib- 
ing the  powers  and  duties  of  the  state  engineer  and  surveyor, 
and  of  the  engineers  employed  on  the  public  works," 
passed  April  tenth,  eighteen  hundred  and  fifty,  are  hereby 
repealed. 


§  877.  (Same  ch.,  §  4 ;  amended  1865,  ch.  477,  §  2.)  In  case  To  emplo, 
it  may  be  necessary  to  employ,  temporarily,  additional  assist- 
ance  to  aid  the  engineers  in  the  performance  of  some  specific  rily' 
job  of  work  or  duty,  the  same  may  be  done  by  the  division 
engineer  in  charge  where  the  work  is  to  be  performed,  with 
the  assent  of  the  state  engineer  and  surveyor  and  the  commis- 
sioner in  charge  of  the  division  \vhere  the  work  is  to  be  per- 
formed ;  and  the  said  state  engineer  and  surveyor  and  canal  statement 

.     .  „-,  .  -,  of  to  be 

commissioner  shall  file  a  statement  in  the  canal  department,  filed, 
containing  the  names  of  the  persons  to  be  employed,  the 
nature  of  their  duties,  severally,  and  the  daily  compensation  to 
be  paid  to  each,  and  the  periods  during  which  such  employ- 
ment is  to  continue.  And  every  engineer  appointed  by  the  Bond, 
canal  board  under  this  act,  shall,  before  entering  upon  the 
duties  of  his  office,  file  in  the  canal  department  his  bond,  duly 
executed  to  the  people  of  the  state,  in  such  sum  and  with  such 
surety  for  the  faithful  discharge  of  his  duties  as  the  auditor 
shall  approve,  and  shall  take  and  subscribe  the  constitutional 
oath  of  office,  which  oath  shall  be  filed  in  the  office  of  the 
secretary  of  state.  No  money  shall  be  advanced  to  any  engi- 
neer on  account  of  services  rendered,  nor  shall  any  account 
of  moneys  disbursed  by  him  be  audited,  until  the  provisions  of 
this  section  shall  have  been  fully  complied  with. 


§  878.  (Same  ch.,  §  5.)  The  services  and  duties  performed  Duties  of 
by  the  said  engineers  shall  be  such  as  relate  strictly  to  the 
repairs  and  maintenance  of  the  completed  canals  of  the  state, 
and  the  compensation  allowed  and  expenses  incurred  under 
the  provisions  of  this  act,  shall  be  paid  out  of  the  appropria- 
tion for  superintendence,  collection  and  ordinary  repairs  of 
the  canals. 


316 


OF  THE  STATE  ENGINEER  AND  SURVEYOR. 


Rank  of 

engineers. 


Resident 
engineer, 
Chenango 
extension. 


Duties. 


Shall  give 
bond. 


§  879.  (1865,  ch.  477,  §  3.)  The  engineers  appointed  by  the 
canal  board  under  the  act  hereby  amended,  shall  hereafter  rank 
as  division  and  resident  engineers,  instead  of  engineers  and 
assistant  engineers ;  and  it  shall  not  be  necessary  for  the  board 
to  re-appoint  the  present  incumbents  in  order  to  confer  said 
rank  upon  them. 

§  880.  (1866,  ch.  794,  §  1.)  The  canal  board  are  authorized 
to  appoint  one  resident  engineer  for  the  extension  of  the 
Chenango  canal,  and  said  board  shall  fix  the  compensation  of 
the  engineer  so  appointed. 

§  881.  (Same  ch.,  §  2.)  The  resident  engineer  appointed, 
under  section  one  of  this  act,  shall  have  the  certificate  of  the 
state  engineer  and  surveyor  as  to  his  fitness,  capacity  and 
integrity,  and  who  also  shall  define  the  duties  of  the  resident 
engineer  so  appointed. 

§  882.  (Same  cA.,  §  3.)  Before  entering  upon  the  duties  of 
his  office  such  engineer  shall  file  in  the  canal  department  his 
bond,  duly  executed  to  the  people  of  the  state,  in  such  sum 
and  with  such  sureties  for  the  faithful  discharge  of  his  duties 
as  the  auditor  shall  approve,  and  shall  take  and  subscribe  the 
constitutional  oath  of  office,  which  shall  be  filed  in  the  office 
of  the  secretary  of  state.  No  money  shall  be  advanced  to  such 
resident  engineer  on  account  of  services  rendered,  nor  shall 
any  money  disbursed  by  him  be  audited,  until  the  provisions 
of  this  section  are  fully  complied  with. 


REGULATIONS 

OF  THE 

ENGINEER  DEPARTMENT 


OF  THE 


STATE  OF  NEW  YORK. 


In  pursuance  of  the  requirements  of  the  laws  now  in  force, 
and  for  the  purpose  of  establishing  a  uniform  practice  among 
the  engineers  employed  upon  the  public  works  of  the  state, 
and  to  give  them  information  relative  to  the  duties  imposed 
upon  them  by  the  following  acts,  hereto  annexed ;  and  the 
following  regulations  are  hereby  established,  which  prescribe 
and  define  the  duties  of  the  engineers  appointed  by  the  canal 
board.  All  regulations  heretofore  adopted,  and  which  may 
conflict  with  those  herein  established,  are  hereby  rescinded. 

VAN  K.  RICHMOND, 

State  Engineer  and  Surveyor. 

STATE  ENGINEER  AND  SURVEYOR'S  OFFICE, 
ALBANY,  January,  1870. 


REGULATIONS. 


DIVISION    ENGINEERS. 

First.  The  office  of  the  eastern  division  to  be  at  the  state 
hall,  in  the  city  of  Albany ;  of  the  middle  division,  at  Syra- 
cuse ;  and  of  the  western  division,  at  Rochester. 

Second.  It  shall  be  the  duty  of  each  division  engineer  to 
report  in  all  cases  to  the  state  engineer  and  surveyor ;  to  cause 
all  orders  and  instructions  from  him  to  be  carried  into  effect ; 
to  give  from  time  to  time  such  instructions  to  the  resident 
engineer,  or  (in  the  absence  of  the  resident)  to  the  assistants 
on  their  respective  divisions,  as  shall  be  needful  for  the  due 
preservation,  prosecution,  economy  and  completion  of  any 
work  constructing  or  repairing  thereon ;  to  report  monthly  the 
state  of  progress  and  the  condition  of  all  or  any  part  of  the 
public  works  under  contract,  showing  the  amount  of  work 
done,  and  from  time  to  time  such  other  information  as  shall 
be  required  by  the  state  engineer  and  surveyor ;  to  review  all 
monthly  and  final  accounts  made  on  account  of  and  for  the 
settlement  of  contracts,  and  certify  that  the  same  are  made  up 
in  accordance  with  the  provisions  of  such  contracts. 

Third.  Each  division  engineer  shall  prepare  all  the  maps, 
plans,  specifications,  etc.,  for  the  work  to  be  put  under  con- 
tract, from  time  to  time,  on  his  division. 

All  the  maps  and  profiles  to  be  transmitted  by  the  division 
engineers  to  the  state  engineer  and  surveyor,  for  determining 
the  location  of  any  line  of  canal,  shall  be  made  on  elephant 
size  drawing  paper,  and  on  a  scale  of  two  chains  to  the  inch 
horizontal,  and  twenty  feet  vertical,  and  shall  have  several 
fixed  monuments  indicated  thereon,  so  that  the  line  of  canal 
may  readily  be  determined  at  any  subsequent  time.  The 
courses  shall  be  written  on  the  base  line  of  the  survey,  and  the 
distances  on  the  transverse  lines  to  be  drawn  at  every  angle  in 
the  outer  boundaries  of  the  land  to  be  appropriated  for  the 
use  of  the  canal ;  the  whole  distance  from  the  beginning  of 
each  course  to  every  transverse  line  connected  with  the  same, 
must  be  given.  The  base  lines  of  all  surveys  of  the  line  of 
any  canal,  shall  be  the  inner  top  angle  of  the  towing  path,  and 
shall  be  indicated  by  a  full  red  line  on  the  map ;  the  transverse 
lines  at  the  end  of  each  course,  shall  also  be  a  full  red  line, 
and  those  intermediate  shall  be  dotted  red  lines. 

The  boundaries  of  lands  proposed  to  be  permanently  appro- 
priated, shall  be  indicated  by  full  blue  lines,  and  their  dis- 


320  REGULATIONS  OF  THE 

tances  from  the  base  line  shall  be  written  at  every  angle  in 
said  boundaries,  at  the  ends  of  the  transverse  lines  aforesaid. 

The  maps  shall  also  show  the  general  topography  of  the 
country  on  either  side  of  the  line,  marking  with  especial  care 
the  beds  of  streams  and  ravines,  and  the  lines  of  the  several 
parcels  of  land  having  different  owners,  and  the  quantity  pro- 
posed to  be  permanently  appropriated  to  the  use  of  the  canal 
from  the  lands  of  each  owner,  must  be  designated,  with  the 
names  of  the  owners,  in  tabular  form,  on  the  margin  of  the 
map.  Said  map  must  also  show  the  location  of  all  public  and 
private  roads,  and  all  mechanical  structures;  the  relative  posi- 
tion of  the  old  with  the  enlarged  canal.  All  the  buildings 
coming  wholly  or  partly  within  the  location  of  the  boundaries 
aforesaid,  and  the  sizes  thereof,  shall  be  accurately  laid  down. 
A  tabular  statement,  showing  the  owners'  names  and  the  occu- 
pation of  the  buildings  to  be  moved  or  taken,  shall  be  made 
on  the  margin  of  the  map. 

The  plan  of  the  mechanical  structures  must  show  every  part 
by  plain  and  distinct  representations;  the  dimensions  of  all 
the  parts  clearly  indicated,  and  bills  of  materials,  together 
with  specifications  of  the  manner  of  performing  the  work, 
must  also  accompany  the  plans. 

The  estimates  must  show,  with  all  practicable  accuracy,  the 
quantity  of  the  several  kinds  and  qualities  of  work  respectively 
proposed  to  be  included  in  the  sections  and  in  the  mechanical 
structures. 

Fourth.  The  maps  to  be  exhibited  at  each  letting  shall  be 
made  on  a  scale  of  eight  chains  to  one  inch  horizontal,  and 
forty  feet  vertical,  and  as  uniform  as  the  character  of  the  work 
will  admit ;  said  maps  shall  show  the  location  of  streams  and 
mechanical  structures,  lines  of  lots  and  buildings  to  be  moved, 
and  also  the  relative  location  of  the  old  and  new  canals,  when 
said  lines  approach  each  other  nearer  than  one  hundred  feet. 

The  profile  must  show  the  depth  of  cutting  and  filling  at 
each  station,  the  location  of  test-pits  and  mechanical  structures. 
All  explanatory  remarks  necessary  to  be  made  to  contractors 
relative  to  the  work  to  be  let  shall  be  written  out  in  full  upon 
the  profile,  and  no  verbal  explanation  relative  to  the  same 
shall  be  made,  unless  previously  written  out  as  aforesaid.  The 
division  engineers  shall,  prior  to  any  letting,  cause  to  be 
entered,  in  a  book  prepared  for  that  purpose,  the  full  quanti- 
ties of  each  item  of  work  proposed  to  be  included  in  each  sec- 
tion and  mechanical  structure  to  be  put  under  contract.  After 
the  contracts  are  awarded,  copies  of  the  original  surveys,  maps, 
plans  and  specifications,  with  the  blank  contracts,  and  notices 
and  estimates  of  quantities  exhibited  at  any  letting,  shall  be 
certified  to  and  kept  in  the  office  of  the  division  engineer. 

Fifth.  The  division  engineers  shall  report  annually,  on  or 
before  the  fifteenth  day  of  September  of  each  year,  the  num- 
ber and  compensation  of  all  persons  employed  in  the  engineer 
department  during  the  preceding  year,  designating  the  number 


ENGINEER  DEPARTMENT.  321 

temporarily  employed  on  each  division ;  and  the  length  and 
estimated  cost  of  the  work  under  contract;  the  amount  of 
work  done  in  detail  under  each  contract,  and  remaining  to  be 
done  at  contract  prices,  on  said  division ;  also  the  length  and 
estimated  cost  of  work  not  under  contract. 

Sixth.  The  division  engineers,  in  making  suggestions  to  the 
canal  commissioners  and  superintendents  of  repairs,  in  relation 
to  repairs  and  the  plan  of  making  the  same,  shall,  if  important, 
transmit  such  suggestions,  with  plans  and  specifications,  to  the 
state  engineer  and  surveyor,  for  his  decision,  and  as  soon  as 
such  decision  shall  be  made,  send  copies  to  the  canal  commis- 
sioner and  superintendent  in  charge  and  also  file  copies  of  the 
same  in  the  office  of  the  state  engineer  and  surveyor. 

Seventh.  The  division  engineer  shall  report  to  the  state 
engineer  and  surveyor,  any  neglect  of  duty  or  impropriety  of 
conduct  which  he  may  regard  as  hazardous  to  the  business  of, 
or  disgraceful  to  the  standing  of,  the  department. 

Eighth.  The  division  engineers  shall  promptly  report  to  the 
state  engineer  and  surveyor  at  Albany,  by  the  shortest  mode 
of  communication,  the  time,  nature,  and  extent,  of  any  break 
or  other  accident  causing  delay  in  navigation,  that  may  occur 
upon  the  canals  under  their  charge,  and  immediately  after  said 
break  or  other  accident  shall  have  been  repaired,  they  shall 
report  at  length,  and  in  writing,  the  probable  cause  of  said 
break  or  other  accident,  together  with  the  cost  to  the  state  or 
contractor  for  repairing  the  same. 

Ninth.  The  division  engineers  shall  promptly  transmit  to 
the  state  engineer  and  surveyor  duplicate  copies  of  the  quarterly 
returns  of  the  resident  engineer,  showing  the  name,  designa- 
tion, and  time  of  service  and  compensation  of  each  person 
temporarily  employed  under  them,  together  with  duplicate 
copies  of  all  monthly  estimates  and  final  accounts  of  work 
done  and  materials  furnished  upon  each  residency  upon  their 
respective  divisions,  and  shall  transmit  one  copy  of  said 
monthly  estimates  and  final  accounts  to  the  canal  commis- 
sioner in  charge  of  said  division. 

FORM    FOB    DIVISION     ENGINEER'S    CERTIFICATE    TO    ACCOMPANY    A 
FINAL    ACCOUNT,    AS    PRESCRIBED   BY   THE    AUDITOR. 

I  CERTIFY  that  I  have  made  a  thorough  personal  examination 
of  the  work  embraced  in  the  foregoing  final  account  for 

and  that  I 

believe  the  same  has  been  fully  completed,  in  conformity  with 
the  contract. 

I  farther  certify,  that  the  said  final  account  is  made  up  at  the 
prices  specified  in,  and  in  accordance  with  the  terms  of,  the 
contract. 

[SIGNATURE.] 

Dated  at  ,  )  Division  Engineer. 

this       day  of  ,  18     .  f 

41 


322  REGULATIONS  OP  THE 

HESIDENT   ENGINEERS. 

First  Regulation.  The  resident  engineers  shall  report  in  all 
cases  to  the  division  engineers,  or  in  their  absence  to  the  state 
engineer  and  surveyor,  and  shall  furnish  to  them  any  informa- 
tion relative  to  the- canals  under  their  charge,  which  may  from 
time  to  time  be  required ;  they  shall  see  that  all  instructions 
relating  to  the  canals  under  their  charge,  which  may  from  time 
to  time  be  given  by  the  division  engineers,  are  promptly  and 
faithfully  performed;  they  shall  furnish  true  copies  of  the 
monthly  and  final  estimates  to  the  division  engineers,  for  all 
work  performed,  on  contracts  or  otherwise,  under  their  direc- 
tion respectively ;  they  shall  assist  in  the  canvass  of  proposi- 
tions ;  shall  give  instructions  to  the  first  and  second  assistant 
engineers,  from  time  to  time,  as  to  the  manner  of  carrying  out 
plans  of  work  under  their  immediate  supervision ;  they  shall 
inspect  carefully  all  the  work  in  progress  on  their  respective 
subdivisions,  as  often  as  the  due  prosecution,  security,  per- 
manency, and  the  faithful  performance  of  the  contracts  on  the 
part  of  the  contractors,  shall  require ;  they  shall  examine,  as 
far  as  practicable,  the  field  notes  and  measurements  made  by 
their  assistants,  and  the  computations  made  therefrom,  so  as  to 
be  able  to  certify  or  make  oath  to  the  correctness  thereof,  to 
the  best  of  their  knowledge  and  belief. 

Second.  The  resident  engineers  must,  in  all  cases,  give  their 
instructions  personally  relative  to  any  work  or  service  to  be 
performed  by  contractors,  or  through  assistants  temporarily 
employed. 

Third.  The  resident  engineers  shall  keep  accurate  accounts 
of  the  time  of  service  of  all  the  persons  temporarily  employed 
under  them ;  and  shall  make  quarterly  returns  thereof  in  trip- 
licate to  the  division  engineer,  with  the  price  per  day  and  the 
amount  of  each  person's  account  in  dollars  and  cents.  These 
accounts  must  show  the  number  of  days  and  kind  of  service 
performed,  and  the  dates  between  which  the  first  and  last 
day's  service  was  rendered,  and  also  all  other  expenditures 
made  by  him. 


ENGINEER  DEPARTMENT. 

FORM  OF  FINAL  ACCOUNT  FOK  SETTLEMENT  OF  A  CONTRACT. 

STATE  OF  NEW  YORK, 
For  the  Canal, 

To  Dr. 

For  materials  furnished  and  labor  performed  under  contract, 
dated  day  of  18     ,  to  construct 

art,  chap.  ,  laws 


323 


Quantities. 

Contract 
price. 

ITEMS. 

Price  used. 

ITEMS. 

TOTAL. 

Dols. 

Cts. 

Dols. 

Cts. 

RESIDENT  ENGINEER  S  AFFIDAVIT  TO  A  FINAL  ACCOUNT. 

I,  resident  engineer  on  that  portion  of 

the  canal  embracing  the  work  comprised  in  the 

contract  of  for  the  construction  of 

on  said  canal,  do  solemnly  swear  that  the  same  ha  been  com- 
pleted, and  that  all  the  work  included  in  the  foregoing  account 
has  been  performed  according  to  the  terms  of  the  contract. 

And  I  further  swear  that,  to  the  best  of  my  knowledge  and 
belief,  all  of  the  measurements  and  computations  which  I  have 
made  in  reference  to  said  account  are  correct ;  and  that  I  have 
examined  the  measurements  and  computations  of  each  one  of 
my  assistants,  as  far  as  was  practicable,  and  believe  them  to  be 
correct. 

And  I  further  swear  that  the  material  and  work  stated  in 
the  foregoing  account,  were  classified  by  myself,  and  strictly 
according  to  the  terms  of  the  contract ;  also  that  the  prices 
charged  in  said  account  correspond  with  those  contained  in  the 
contract ;  and  further,  that  I  believe  that  the  foregoing  account 
is  in  all  respects  a  correct  statement  of  all  the  work  embraced 
in  said  contract,  and  that  it  amounts  to  the  sum  of  $ 

And  I  further  swear  that  the  items  of  extra  work  stated  in 
the  foregoing  account  were  necessary,  and  have  been  performed, 
and  that  the  prices  charged  therefor  are  just  and  reasonable, 
and  that  all  of  the  extra  work  done  by  said  contractors  amounts 
to  $ 

I  also  further  swear  that  the  foregoing  account  and  all  of  the 
measurements  and  computations  relating  thereto  were  made  by 
myself  or  by  my  assistants,  and  have  been  correctly  transcribed 
on  page  of  book  ,  of  final  measurements  of  the 

division. 

Subscribed  and  sworn  to  before  me,  ) 
this        day  of        18     .  \ 

Resident  Engineer. 


324  REGULATIONS  OF  THE 

Each  resident  engineer  shall  report  monthly  to  the  division 
engineer  the  estimates  of  work  done  under  contract  in  the 
following  form,  to  wit : 

Estimate  of  work  done  and  materials  delivered  on  the  several 

contracts  hereinafter  named,  on.  the          subdivision  of  the 

division  of  the         canal,  up  to         day  of         ,  18     . 

[Name  of  contract.]  [Name  of  contractor.] 


2 

ITEMS. 

Contract 
price. 

Relative 
price. 

Amounts. 

Per  centage 
retained. 

Amount  of 
payment. 

Dols. 

Cts. 

Dols. 

Cts. 

Dols. 

Cts. 

I  have  examined  the  foregoing  estimates  made  by  the  several 
assistant  engineers  under  my  charge,  and  believe  that  all  the 
quantities  therein  mentioned  do  not  exceed  the  amount  of  work 
actually  performed  on  the  respective  contracts. 
(Signed) 

Resident  Engineer. 

Triplicate  copies  of  monthly  estimates  and  final  accounts 
shall  be  sent  to  the  division  engineer. 

Each  monthly  report  shall  also  show  the  kind,  character 
and  quantity  of  incidental  work  done  within  the  limits  of 
each  section,  and  not  included  in  any  contract. 

If  the  superintendents  of  repairs  are  required  by  a  canal 
commissioner,  to  perform  work  and  furnish  materials  for  the 
construction  or  enlargement  of  any  canal,  the  resident  engi- 
neer shall,  from  time  to  time,  inspect  the  same,  and  furnish  to 
the  division  engineer  the  quantities  and  cost  of  such  work. 

Fourth.  Any  line  of  canal, to  be  measured,  shall  be  staked 
in  chain  stations  four  rods  apart,  and  numbered  consecutively 
from  the  beginning  to  the  end  of  each  section  going  westward. 
Intermediate  stations  shall  be  taken  as  often  as  is  necessary 
for  an  accurate  measurement  of  quantities ;  the  distance  of 
such  intermediates  to  be  measured  from  the  station  preceding. 
Cross-section  measurements  are  to  be  made  at  every  station  so 
fixed,  and  to  be  entered  in  a  field  book  in  diagram  form,  show- 
ing the  cutting  or  filling  required  at  each  angle,  in  the  form 


ENGINEER  DEPARTMENT.  325 

of  the  prism  and  banks  of  the  canal,  and  at  intermediate  points 
as  often  as  accurate  measurements  require.  The  transverse 
distances  between  each  level  on  every  cross  section  shall  be 
accurately  and  plainly  entered  on  the  base  line  of  each  diagram. 

Similar  methods  shall  be  observed  in  keeping  the  field  notes 
of  the  measurements  of  pit  and  side  excavations,  and  embank- 
ments and  structures  of  all  kinds. 

All  field  books  shall  be  properly  designated  by  a  distinct 
title,  and  paged,  and  shall  show  the  names  of  the  individuals 
engaged  in  making  the  surveys  and  measurements,  and  the 
date  and  place  of  making  the  same.  All  such  notes  shall  be 
carefully  recorded  in  INK,  at  the  time  of  making,  or  during  the 
day  on  which  they  are  taken. 

All  the  field  notes,  computations  and  measurements  thus 
made  and  recorded,  shall  be  entered  in  the  books  furnished  by 
the  state  engineer  and  surveyor,  according  to  the  10th  section 
of  the  act  chapter  377",  of  1850.  The  "  diagrams  and  other 
illustrations  "  shall  be  entered  on  a  regular  scale.  The  quanti- 
ties of  the  items  of  work  shall  be  entered  in  separate  columns 
on  the  right  side  of  the  diagrams,  and  reference  shall  be  made 
to  the  title  and  page  of  the  field  book  containing  the  original 
notes  in  every  case. 

Fifth.  Immediately  after  the  "  final  statements,"  relative  to 
any  contract  which  is  completed,  or  definitely  suspended,  is 
entered  according  to  law  in  the  above  books,  the  several  engi- 
neers who  have  made  the  same,  shall  "  properly  certify  and 
subscribe  their  names  thereto,"  giving  date  and  place ;  and  so 
on  in  successive  order,  as  contracts  are  completed  or  suspended 
as  aforesaid. 

All  the  diagrams,  quantities,  estimates,  etc.,  made  for  work 
under  contract,  on  each  respective  subdivision,  expiring  simul- 
taneously, shall  be  entered  in  the  same  book,  which  book  shall 
be  returned  to  the  state  engineer  and  surveyor  immediately 
after  the  completion  or  suspension  of  said  contracts. 

The  following  shall  be  the  method  of  surveying  any  line  of 
canal : 

The  courses  and  distances  shall  be  taken  on  the  inner  top 
angle  of  towing  path  as  a  base  line ;  on  curves,  the  bearing  of 
every  chain  distance  must  be  given.  All  the  transverse  meas- 
urements shall  be  made  from  the  said  base  line,  and  the  side 
observations  shall  include  the  general  topography  of  the  coun- 
try for  a  convenient  distance  on  either  side  of  the  canal.  The 
distances,  measured  accurately  on  the  base  line,  must  be  given 
to  all  streams,  public  and  private  roads,  mechanical  structures 
and  buildings ;  also  the  precise  distance  on  either  side  from  the 
base  line  to  all  buildings  within  two  hundred  feet  of  the  same. 

Sixth.  Whenever  the  resident  engineer  shall  act  as  division 
engineer  under  the  10th  section  of  the  act  chapter  377,  of  1850, 
he  shall  be  governed  by  the  regulations  prescribed^  for  the 
division  engineer,  and  in  subscribing  his  name  to  official  docu- 


326  REGULATIONS  OF  THE 

ments,  shall  style  himself  "  acting  division  engineer  for 
subdi/vision" 

Seventh.  The  resident  engineer  shall  have  the  immediate 
charge,  under  the  direction  of  the  division  engineer,  of  all  per- 
sons temporarily  employed  to  make  surveys,  measurements  and 
inspection  of  work  on  the  line  of  canal  within  the  limits  assigned 
to  him ;  and  shall  keep,  or  cause  to  be  kept,  the  time  each  per- 
son is  employed,  and  the  nature  of  service  rendered,  and  shall 
furnish  in  writing  a  correct  monthly  account  of  the  same  to 
the  division  engineer.  He  shall  also  keep,  or  cause  to  be  kept, 
an  account  of  the  operative  force  daily  employed  on  each  con- 
tract, distinguishing  the  several  kinds  of  labor  and  the  wages 
paid,  and  report  the  same  monthly,  in  such  tabular  form  as  the 
division  engineer  shall  prescribe. 

The  resident  engineers  shall  be  especially  careful  to  see  that 
the  field  work  and  records  are  carefully  and  accurately  kept, 
and  that  the  requirements  contained  in  the  foregoing  regula- 
tions are  strictly  observed,  and  shall  report  to  the  division 
engineer  any  cases  of  impropriety  of  conduct  or  neglect  of  duty 
in  persons  employed  upon  that  portion  of  the  canals  duly 
assigned  him  by  the  state  engineer  and  surveyor. 


AFFIDAVIT  OF  RESIDENT  ENGINEER,  TO  ACCOMPANY  CONTRACTOR'S 
RECEIPT  FOR  A  PARTIAL  PAYMENT. 

STATE  OF  NEW  YORK,  )       . 
COUNTY  OF  \ 

,  engineer  on  that  portion  of  the 

canals  embracing  the  contract  of  to 

construct  on  the 

canal,  being  duly  sworn,  saith :  That  he  has  actually  measured 
the  materials  delivered  and  the  labor  performed  under  the  said 
contract,  since  the  day  of  ,  186  , 

the  time  of  the  last  estimate,  and  up  to  the  day    of 

186  ,  and  has  estimated  the  prices  thereof  with  reference  to  the 
prices  contained  in  the  contract,  and  that  the  whole  amount  of 
the  labor  performed  and  materials  delivered  between  the  dates 
aforesaid,  according  to  such  estimate,  amount  to  the  sum  of 

dollars,  and  does  not  include  any  of 

the  work  done  or  materials  furnished  which  are  included  in 
any  former  estimate.  Also,  that  a  statement  of  all  the  items 
of  work  done  thereon,  estimated  value  and  amounts,  together 
with  the  location,  character  and  description  of  each,  have  been 
entered  on  page  of  book  of  monthly  estimates  of  the 

division.     That  the  estimates  for  work 
done  previous  to  the  said  day  of  ,  186 

as  per  former  estime,  to $ 

Amount  paid  (15  per  cent,  $        retained) .  $ 


ENGINEER  DEPARTMENT.  327 

Work  done  as  per  estimate $ 

Amount  to  be  paid  (15  per  cent,  $    retained)  $ 

Total  amount  of  work  done  and  materials 
furnished $ 

Amount  paid  and  to  be  paid  (15  per  cent, 

$       deducted) $ 

And  which  amount  he  believes  does  not  exceed  the  actual 
quantities  and  value  of  the  whole  amount  of  the  materials 
delivered  and  labor  performed  by  the  aforesaid  contractors. 
Subscribed  and  sworn  before  me,  { 

this       day  of  ,  187     .      f 


ASSISTANT   ENGINEER  8   AFFIDAVIT   TO   A   FINAL   ACCOUNT. 

I,  assistant  to  ,  who  has  sub- 

scribed the  preceding  affidavit,  do  solemnly  swear,  that  I  have 
assisted  in  making  the  measurements  and  computations  for  the 
final  estimate  to  which  this  affidavit  is  attached,  and  that  to 
the  best  of  my  knowledge  and  belief,  all  the  measurements  and 
computations,  which  have  been  made  in  reference  to  the  pre- 
ceding account,  are  correct,  and  have  been  correctly  transcribed 
in  the  book  mentioned  in  said  affidavit ;  and  I  further  swear, 
that  I  have  examined  the  preceding  account  of  materials  fur- 
nished and  labor  performed,  and  that  I  believe  it  contains  a 
correct  statement  of  the  same,  and  of  all  measurements  and 
computations  relating  thereto,  which  have  been  made  in  refer- 
ence to  said  contract. 

Subscribed  and  sworn  to  before  me 
this          day  of  ,  187 


ne, ) 


RULES  AND   ORDERS 


CANAL     BOARD 


OF  THE 


STATE    OF    NEW   YORK, 

Adopted  March   1,   1854. 
Revised  May  4,  1866. 


1.  The   lieutenant-governor  shall  preside  at  all  the  meet- 
ings of  the  board  when  present ;  and,  in  his  absence,  such 
member  as  shall  be  selected  by  him  or  those  present. 

2.  When  the  hour  for  meeting  shall  have  arrived,  the  lieu- 
tenant-governor, or,  in  his  absence,  such  other  member  of  the 
board  as  may  be  selected,  having  taken  the  chair,  the  business 
before  the  board  shall  be  transacted  in  the  following  order  : 

1.  Reading  and  approving  minutes  of  last  meeting. 

2.  Presentation  of  petitions. 

3.  Reports  of  committees. 

4.  Motions  and  resolutions. 

5.  Unfinished  business. 

6.  Special  orders. 

7.  Appeals  from  awards  of  canal  appraisers. 

8.  Cases  in  which  the  board  has  original  jurisdiction. 
But  messages  and  communications  from  the  senate,  assem- 
bly, or  any  state  officer,  may  be  received  and  acted  on  at  any- 
time. 

•  3.  Claimants  need  not  appear  before  the  board  by  counsel ; 
but  if  counsel  are  employed,  they  are  required  to  indorse  their 
names  upon  the  papers  in  the  case. 

4.  All  motions  will  be  heard  on  affidavit,  or  on  a  petition, 
duly  verified,  setting  forth  the  facts  in  the  case,  unless  the 
same  shall  appear  by  the  papers  or  books  in  the  canal  depart- 
ment ;  in  which  case  it  shall  contain  a  reference  to  said  books 
or  papers,  and  also  setting  forth  the  ground  on  which  the  action 
of  the  board  is  asked. 
42 


330  CANAL   BOARD. 

5.  Upon  all  petitions  and  affidavits,  presented  by  members 
of  the  board,  shall  be  indorsed  the  name  of  the  member  pre- 
senting the   same.     And  all  resolutions  shall  be  reduced  to 
writing  before  being  offered,  and  the  name  of  the  member 
offering  the  same  written  thereon. 

6.  All  committees  shall  be  appointed  by  the  chair,  unless 
otherwise  ordered  by  the  board.     The  reports  of  all  committees 
shall  be  in  writing. 

7.  The  secretary  of  the  board  shall  at  all  times  keep  a  cal- 
endar of  all  cases  pending  before  the  board,  and  the  same  shall 
be  entered  thereon  in  the  order  in  which  the  papers  are  tiled. 

8.  The   question    on    the   iinal   disposition  of  all    matters 
involving  the  expenditure  of  money  shall  be  taken  by  ayes  and 
noes,  and  the  same  shall  be  entered  on  the  minutes.     And  in 
all  other  cases,  any  member  shall  have  the  right  to  demand 
the  ayes  and  noes,  and  the  same  shall  be  entered. 

9.  No  question,  involving  the  expenditure  of  money,  shall 
be  passed  but  by  the  vote  of  at  least  tive  members  of   the 
board. 

10.  If  the  question  in  debate  contain  distinct  propositions, 
the  same  shall  be  divided  by  the  chair,  at  the  request  of  any 
member. 

11.  On    application   for  the  remission  of  a  penalty,   the 
petition  or  affidavit  must  set  forth  whether  the  penalty  has 
been  paid,  and  if  so,  to  whom ;  and  must  also  be  accompanied 
with  proof,   by   affidavit,   that   copies  of    the   petition   and 
accompanying  papers  have  been  served  on  the  collector  or 
other  officer  who  imposed  the  penalty.1 

12.  It  shall  be  the  duty  of  such  officer,  on  being  served 
with  such  papers,  forthwith  to  make  return  to  this  board  of 
all  the  facts  within  his  knowledge  or  belief  having  any  relation 
to  the  claim. 

13.  The  petitioner  is  required  to  indorse  his  address  on  the 
back  of  his  application  ;  and  it  shall  be  the  duty  of  the  secre- 
tary of  this  board  to  advise  him  of  the  decision  of  the  board. 

14.  Every  appeal  must  be  made  in  writing,  stating  briefly 
the  grounds  on  which  it  is  made ;  and  it  must  be  made,  and 
the  proper  papers  and  copies  served,  within  three  months  from 
the  time  a  transcript  of  the  decision  of  the  canal  appraisers 
is  tiled  in  the  clerk's  office  of  the  county,  as  required  by  law. 

15.  If  such  appeal  be  made  by  the  canal  commissioners, 
one  copy  thereof  is  to  be  served  on  the  canal  appraisers,  and 
another  on  the  party  claiming  damages,  his  guardian  or  agent, 
either  personally  or  by  leaving  the  same  at  his  usual  place  of 
abode  with  some  person  of  mature  age.* 

1  By  the  act,  chap.  534,  Laws  of  1855,  §  5,  this  application  must  be  made 
within  sixty  days  after  the  imposition  of  the  penalty,  which  must  have 
been  illegally  imposed.  See  Laws,  ante,  §  527. 

9  Laws  of  1870,  ch.  768,  §2.  "*  *  *  In  any  appeal  by  the  canal  com- 
missioners, on  the  part  of  the  state,  from  a  decision  or  award  made  by  the 
canal  appraisers,  the  notice  of  appeal  may  be  signed  by  one  or  more  of  such 
commissioners,  and  the  signatures  of  all  shall  not  be  required. " 


RULES  AND  ORDERS.  331 

16.  If  such  appeal  be  made  by  the  party  claiming  damages, 
one  copy  thereof  is  to  be  served  on  the  appraisers  or  one  of 
them,  and  another  on  the  canal  commissioners.     The  service 
on  the  canal  commissioners  may  be  made  by  delivering  the 
said  copies  to  the  acting  canal  commissioner  on  the  canal  or 
section  of  the  canal  where  the  damages  claimed  were  sustained, 
or  by  sending  the  same,  by  mail,  to  his  place  of  residence. 
Proof  of  such  service,  or  an  admission  by  the  commissioner, 
will  be  required. 

17.  Whenever,  before  or  after  an  appeal  from  the  award 
of  the  canal  appraisers,  before  a  hearing  by  this  board,  a 
claimant  shall  receive  the  damages  awarded  to  him  by  the 
appraisers,  he  will  be  deemed,  thereby,  to  waive  his  appeal, 
and  the  same  will  be  dismissed  by  this  board  accordingly. 

18.  The  receipt  of  damages  awarded  by  this  board,  whether 
on  appeal  or  otherwise,  shall  be  deemed  a  waiver  of  a  rehear- 
ing, and  the  same  will  be  denied  accordingly. 

19.  Damages  will  not  be  awarded  to  a  claimant  for  lands 
or  waters  appropriated,  unless  a  perfect  title  to  such  lands  or 
waters,  as  the  case  may  be,  is  shown  by  the  claimant. 

20.'  All  claims  and  all  appeals  must  be  in  the  name  of  the 
actual  owner  of  the  lands  or  property  injured ;  and  no  assign- 
ment of  any  claim  for  damages  will  be  recognized.  This 
regulation  will  not  prevent  any  person  appealing  or  claiming 
by  a  regular  agent  duly  appointed. 

21.  Claims  must  cover  all  damages,  present  and  prospective ; 
and  no  reservation  of  prospective  damages  will  entitle  the 
party  to  present  a  new  claim  after  the  limitation  provided  by 
law  has  expired. 

22.  If,  upon  the   coming  in  of  any  return  by  the  canal 
appraisers  to  any  appeal  made  from  their  decision,  any  claim- 
ant shall  allege  that  there  are  any  omissions  of  any  testimony 
produced  before  them,  he  may,  by  affidavit,  show  the  exist- 
ence of  such  omissions ;  and  the  board  will,  in  their  discretion, 
order  an  amendment  of  the  return,  or  a  further  return. 

(23.  The  board  will  not,  in  any  case,  order  a  rehearing 
before  the  canal  appraisers,  in  the  nature  of  a  new  trial.)1 

24.  When  the  party  sustaining  damages  has  died  since  the 
act  complained  of  was  done,  claims  and  appeals  respecting 
them  should  be  presented  by  administrators  or  executors  of 
such  party,  when  the  damages  sustained  would  have  been  the 
subject  of  an  action  at  law,  in  the  name  of  such  administrator 
or  executor,  if  it  had  been  occasioned  by  an  individual ;  and 
in  all  other  cases,  by  the  person  or  persons  to  whom  the 
interest  in  the  land  appropriated  would  have  belonged  but  for 
such  appropriation. 

1  In  view  of  the  provisions  of  §  6  of  chap.  836,  Laws  of  1866,  this  rule 
was  abrogated  by  the  canal  board,  May  4, 1866,  by  the  adoption  of  the 
report  of  the  committee  of  revision  of  rules  and  orders.  For  law  of  1866, 
see  §  471,  ante. 


332  CANAL    BOARD. 

25.  Whenever  claims  for  damages  are  required  to  be  signed 
by  a  guardian,  the  same  must  be  signed  by  the  general  guard- 
ian appointed  by  the  surrogate. 

26.  The  secretary  shall,  immediately  after  the  adoption  of 
this  rule,  and  hereafter,  at  least  one  and  not  more  than  three 
weeks  before  the  annual  session,  prepare  from  the  general 
calendar  a  business  calendar,  to   contain   only  the   appeals, 
applications  for  rehearing,  and  original  cases  on  the  calendar 
for  argument  or  hearing   in   the   order   in    which  they  are 
entitled  to  be  heard,  placing  appeals  from  canal  appraisers 
first  in  order ;  and  have  copies  of  such  calendar  printed  for 
the  use  of  the  board,  counsel  and  claimants. 

27.  At  the  annual  session  of  the  board,  during  the  meeting 
of  the  legislature,   and   at   such   other    sessions   as  may  be 
specially  called,  after  public  notice,  for  the  purpose  of  hearing 
calendar  cases,  the  business  calendar  will  be  taken  up,  and 
cases  thereon  called  up  for  argument  or  hearing,  in  the  order 
in  which  they  stand  upon  the  calendar.     But  no  more  than 
ten  causes  will  be  so  called  in  one  day.     After  the  number  of 
cases  shall  have  been  called  and  disposed  of,  or  passed,  on  any 
day,  the  board  will  take  up  such  other  cases  as  may  be  ready 
for  hearing  or  argument,  and  may  be  moved  by  the  parties  or 
their  counsel,  giving  preference  to  such  cases  in  the  order  in 
which  they  stand  upon  the  calendar. 

28.  All  cases  which  are  called  and  passed,  under  the  provis- 
ions of  the  last  preceding  rule,  and  are  not  brought  up  for 
argument  during  the  term,  no  good  cause  being  shown  or 
appearing  by  affidavit  why  the  same  were  not  brought  on  to 
be  argued  or  heard,  shall,  during  the  last  week  of  the  session, 
be  taken  up  and  decided  without  argument  or  hearing. 

29.  The  secretary  shall  from  day  to  day  furnish  to  such 
paper  or  papers,  in  the  city  of  Albany,  as  request  the  same, 
copies  of    proceedings  of   the   canal  board  for  publication, 
together  with  the  numbers  of  the  ten  causes  on  the  calendar 
which  will  be  in  order  to  be  called  on  the  next  day. 

30.  In  the  payment  of  awards  by  this  board  hereafter,  no 
draft  upon  the  auditor  will  be  given  by  any  of  the  canal  com- 
missioners ;  but  application  for  the  payment  of  the  same  must 
be  made  directly  to  the  auditor.     And  no  award  will  be  paid 
until  the  expiration  of  sixty  days  after  date  of  award. 

31.  That  the  auditor  be  ana  is  hereby  authorized  to  cause 
in  future,  the  "  proceedings  of  the  canal  board  "  to  be  printed 
on  "  slips,"  and  that  he  furnish  each  member  of  this  board 
with  six  copies  of  such  slips  as  soon  after  each  meeting  as 
practicable. ' 

32.  When  questions  shall  be  taken  by  ayes  and  noes,  the 
members  present  but  not  voting  shall  appear  on  the  minutes.' 

1  Adopted  December  14,  1865. 
»  Adopted  March  27,  1872. 


CANAL  REGULATIONS 


REGULATIONS  ON  ALL  THE  NAVIGABLE  CANALS  OF 
THIS  STATE,  ESTABLISHED  BY  THE 

CANAL      BOARD, 

APEIL,  1863, 

WITH  THE  ADDITIONS  AND  AMENDMENTS  THERETO 
UP  TO  AUGUST,  1873. 


1st.  Relative  to  the  Weighing  and  Inspecting  of  Boats  and 
their  Cargoes. 

REGULATION  No.  1.  ISo  boat  shall  be  cleared  from  a  place 
where  there  is  a  weigh-lock  without  having  the  weight  or  to  be 
quantity  of  its  cargo  ascertained,  either  by  weighing,  measur-  t 
ing  or  counting ;  and  every  boat  which  shall  be  cleared  from  a 
collector's  office,  where  there  is  no  weigh-lock,  shall  be  stopped 
and  weighed  at  the  first  weigh-lock  at  which  it  arrives  after  its 
clearance.  Every  canal  boat  which  shall  enter  the  canal  from 
the  Hudson  river  shall  produce  an  acknowledgment  from  the 
collector  where  it  entered  the  river,  if  at  a  different  place,  that 
the  down  cargo  is  settled,  or  a  clearance  must  in  all  cases  be 
refused. 

No  boat  or  other  float  shall  clear  to  a  point  intermediate 
between  two  collectors'  offices,  unless  that  point  is  known  to 
be  the  final  destination  of  the  boat  or  float  for  which  the  clear- 
ance is  required,  or  unless  the  collector  is  satisfied  that  the  boat 
or  float  is  to  leave  the  canal  at  the  point  cleared  to.  This  reg- 
ulation does  not  prohibit  collectors  from  clearing  boats  or  other 
floats  from  one  collector's  office  to  another,  when  the  masters 
desire  to  do  so.  Every  master  of  a  boat  or  person  having 
charge  of  a  float,  who  shall  make  any  false  representation, 
whereby  a  clearance  shall  be  obtained  in  violation  of  this  regu- 
tion.  shall  be  subject  to  a  penalty  of  ten  dollars. 

The  ''just  and  true  account  or  bill  of  lading"  of  the  prop-  nnlof 
erty  on  board  of  every  freight  boat,  which  is  required  to  be  laditi^, 
delivered  to  every  collector  of  whom  a  clearance  is  demanded,  signed. 


334:  CANAL  BOARD. 

must  be  signed  by  the  consignor  and  by  the  master  of  the  boat, 
and  countersigned  by  the  collector,  and  must  give  the  full 
registered  name  and  hailing  place  of  the  boat,  and  the  Christian 
and  surname  of  the  master ;  but  when  the  boat  runs  in  a  line 
of  freight  boats,  and  such  bill  is  not  signed  by  the  consignor, 
it  may  be  signed  by  the  known  agent  or  agents  of  the  line  in 
his  own  proper  handwriting,  designating,  in  case  the  agency  is 
a  firm,  the  individual  member  of  the  firm  by  whom  the  signa- 
ture is  made.  In  case  the  consignor  and  such  agent  or  agents 
are  absent  or  sick,  so  as  to  be  unable  to  sign  such  bill  of  lading, 
then  the  same  must  be  signed  in  behalf  of  the  consignor  or 
agent  by  a  clerk  duly  authorized,  and  in  such  case  must  be 
accompanied  by  the  affidavit  of  such  clerk,  and  such  other  per- 
son or  persons  who  tallied  the  property  and  made  out  such  bill 
of  lading,  in  the  following  form  : 

Clerk  and     STATE   OF   ^EW   YoRK> 

tallyman's  County, 

affidavit. 

A.  B.  and  C.  D.,  of  ,  in  the  county  of  ,  being 

duly  and  severally  sworn,  each  for  himself,  saith  that  he,  the 
said  A.  B.,  is  a  clerk  in  the  employ  of  ,  agent  of  the 

line  of  freight  boats  ;  that  the  foregoing  bill  of  lading 
was  made  out  by  him,  the  said  A.  B.,  and  corresponds  in  all 
respects  with  the  tally,  made  out  and  furnished  by  the  said  C. 
D.,  of  the  articles  now  on  board  of  the  canal  boat  in  said  bill 
of  lading,  and  also  hereinafter  mentioned  ;  that  such  bill  is  cor- 
rectly made  out,  and  the  total  footing  of  the  articles  entered 
thereon,  paying  toll  by  weight,  is  pounds.  And  the  said 
C.  D.  saith  that  such  tally  was  furnished  by  him  to  the  said  A. 
B.  ;  that  he  carefully  tallied  the  property  on  board  the  boat, 
and  knows  such  tally  to  be  correct  as  to  the  description  and 
weight  of  all  the  different  articles  and  final  destination  of  the 
same,  to  be  carried  on  board  the  canal  boat  of  ,  of 

which  is  master,  on  its  present  passage  from  to 

And  these  deponents  further  respectively  state,  that 
the  said  is  unable  to  sign  such  bill  of  lading  by  reason 

of  ,  and  that  the  said  A.  B.,  the  clerk  aforesaid,  is  fully 

authorized  to  sign  such  bill  of  lading. 

REG.  ISTo.  2.  (Amended  April  5th,  May  12th,  June  14th  and 
July  8th,  1864 ;  May  9th,  1865 ;  June  17th,  1868 ;  May  3d, 
1870 ;  August  17th  and  November  23d,  1871 ;  May  29tii  and 
June  19th,  1872.) 

Boats  with      No  boat   drawing  more  than  six  feet  of  water  shall   be 
!ir!fteorf      cleared  after  the  1st  day  of   June,  1864,  by  any  collector 
h^hithan  on  tne  Erie,  Oswego,  and  Cayuga  and  Seneca  canals  (and  the 
provided     draft  of  water  of  boats  navigating  that  portion  of  the  Cayuga 
ciearedbby  and  Seneca  canal  between  Geneva  and  Waterloo  is  limited  to 
collectors.  fjve  fce^  an(j  two  inches,  with  power  to  the  commissioner  in 
charge  to  increase  the  said  draft,  as  the  condition  of  the  water 
in  the  lake  and  river  may  permit)  ;  and  hereafter  no  boat  draw- 
ing more  than  four  feet  four  inches  depth  of  water  going  south, 


REGULATIONS.  335 

or  more  than  three  feet  ten  inches  going  north,  shall  be  cleared 
by  any  collector  on  the  Champlain  canal  (with  power  to  the 
commissioner  in  charge  to  increase  the  draft  of  boats  going 
south  to  four  feet  six  inches  whenever  he  deems  such  increase 
advisable) ;  and  no  boat  drawing  more  than  four  feet  of  water 
shall  be  cleared  by  any  collector  on  the  Chemung  canal  and 
feeder  (when  moving  north) ;  and  no  boat  drawing  more  than 
three  feet  and  six  inches  of  water  shall  be  cleared  by  any  col- 
lector on  the  Chemung  canal  and  feeder  (when  moving  south), 
the  Crooked  Lake  canal,  Chenango  canal,  Genessee  Valley  canal, 
Black  river  canal,  Oneida  river  improvement,  and  the  Oneida 
Lake  canal  and  feeder ;  and  that  it  shall  be  the  duty  of  every 
collector,  superintendent,  inspector  and  weigh-master,  to  cause 
every  boat  found  violating  the  regulation  on  this  subject,  to  be 
so  far  unloaded  as  to  bring  her  within  the  prescribed  limits ; 
and  in  every  case  where  a  boat  is  so  unloaded,  the  fact  shall  be 
entered  on  her  clearance,  with  a  statement  of  the  portion  of  her 
cargo  taken  off ;  and  in  every  case  where  a  boat  shall  be  found 
drawing  more  water  than  six  feet,  five  feet  and  two  inches,  four 
feet  and  six  inches,  four  feet  and  four  inches,  three  feet  and 
ten  inches,  and  three  feet  and  six  inches,  as  provided  in  this 
regulation,  or  as  may  be  prescribed  by  the  commissioner  in 
charge  in  the  cases  above  named,  her  master  or  owner  shall  be 
subject  to  a  penalty  of  twenty-five  dollars  to  be  imposed  and 
collected  by  any  and  every  collector,  superintendent,  inspector, 
and  weigh-master,  who  may  at  different  times  and  places  detect 
such  overdraft,  and  every  collector  shall  enter  upon  the  clear- 
ance the  draft  of  water  of  every  boat  at  the  time  of  such  clear- 
ance.1 

HEIGHT  OF  BOATS 

ALLOWED    ON   THE    ERIE,  OSWEGO,  AND  THE  CAYUGA   AND    SENECA 

CANALS. 

No  boat  or  other  craft  whose  height  or  distance  from  the 
water  line  of  such  boat  or  craft  to  the  top  thereof  shall  exceed 
eleven  feet  and  three  inches  ;  and  no  loaded  boat  or  other  craft 
whose  cargo,  or  any  part  thereof,  is  so  arranged  or  placed  on 
such  boat  or  craft  so  that  the  top  or  extreme  height  of  the  same 
shall  exceed  eleven  feet  and  three  inches  from  the  water  line 
of  such  ladened  boat  or  craft :  and  no  steamboat,  tug  or  other 
craft  propelled  by  steam,  whose  height  when  the  top  of  the 
deck,  machinery,  fixtures,  or  other  apparatus  shall  exceed  eleven 
feet  and  three  inches,  shall  be  allowed  or  permitted  to  navigate 
the  Erie,  Oswego  and  Cayuga  and  Seneca  canals. 

HEIGHT  OF  BOATS  ALLOWED  ON  THE  OTHER  CANALS. 

No  boat  or  other  craft  whose  height  or  distance  from  the 
water  line  of  such  boat  or  craft  to  the  top  thereof  shall  exceed 
nine  feet ;  and  no  loaded  boat  or  other  craft  whose  cargo,  or 
any  part  thereof,  is  so  arranged  or  placed  on  such  boat  or  craft 

1  See  note  on  next  page. 


336  CANAL  BOARD. 

so  that  the  top  or  extreme  height  of  the  same  shall  exceed  nine 
feet  from  the  water  line  of  such  ladened  boat  or  craft,  and  no 
steamboat,  tug,  or  other  craft  propelled  by  steam,  whose  height 
when  the  top  of  the  deck,  machinery,  fixtures,  or  other  appara- 
tus shall  exceed  nine  feet,  shall  be  allowed  or  permitted  to  nav- 
igate the  Champlain,  the  Chemung  canal  and  feeder,  the 
Crooked  Lake  canal,  the  Chenango,  the  Genessee  Valley,  and 
the  Black  river  canals,  the  Oneida  river  improvement,  and  the 
Oneida  lake  canal  and  feeder.1 
Owners,  REG.  No.  3.  Owners,  masters  or  navigators  of  boats  or  rafts, 

masters,  .  »     -,     ;  ,  °.       ,  . 

etc.,  when  passing  on  any  01  the  canals,  are  required  to  stop  with  their 
and'ex-  boats  or  rafts  at  every  collector's,  weigh-master's  and  inspector's 
ciear-thelr  °ffice>  an(i  exhibit  their  clearance  or  bill  of  lading ;  and  on  ar- 
ances.  riving  at  the  place  of  destination,  to  report  such  arrival  to  the 
collector,  weigh-master  and  inspector  (should  such  place  contain 
such  officers,  or  either  of  them),  before  any  part  of  the  cargo 
is  unloaded ;  and  no  boat  or  raft  shall  depart  from  any  place 
where  a  collector's  office  is  situated  without  obtaining  a  clear- 
ance or  permit ;  except  that  lumber  coming  from  the  foot  of 
the  feeder-dam,  across  the  CJiemung  river,  may  be  cleared  eitJier 
at  Horseheads  or  Corning,  pay  ing  toll  in  either  case  on  two 
miles,  for  the  navigation  above  the  dam.  And  all  other  points, 
excepting  the  city  of  Rochester,  within  one  mile  of  the  col- 
lector's office,  shall  be  deemed  to  be  at  the  place  of  such  collect- 
or's office,  and  the  mouth  of  the  outlet  of  the  Seneca  lake  shall 
be  deemed  to  be  at  Geneva,  and  Black  Rock  shall  be  deemed 
to  be  at  Buffalo ;  and  all  points  within  the  corporate  limits  of 

JThe  original  Regulation  No.  2  prohibited  the  clearing  of  boats  drawing, 
on  the  Erie,  Oswego,  and  Cayuga  and  Seneca  canals,  more  than  five  feet  and 
nine  inches  of  water ;  on  the  Champlain  canal,  for  the  smaller  class  of  boats, 
four  feet,  and  the  larger  three,  feet  and  nine  inches ;  on  the  Chemung  (mov- 
ing north),  and  the  Crooked  Lake  canals,  four  feet;  and  on  the  Chemung 
(moving  south)  and  the  other  canals  of  this  state,  three  feet  and  nine  inches. 

By  amendments  of  April  5th  and  May  12th,  1864,  the  draft  of  boats  on  the 
Erie,  Oswego,  and  Cayuga  and  Seneca  canals  was  increased  to  six  feet,  on  the 
Chemung  (moving  north)  and  the  Crooked  Lake  canals  reduced  to  three  feet 
nine  inches,  and  the  provision  relating  to  the  "  height  of  boats  on  the  other 
canals"  was  added.  By  resolutions  of  June  14ih  and  July  8,  1864,  the  draft 
of  boats  on  the  Chemung  canal  (moving  north)  and  on  the  Crooked  Lake 
(moving  north)  was  restored  to  four  feet,  but  May  9, 1865,  the  draft  of  boats 
on  the  Crooked  Lake  canal  was  reduced  to  three  feet  and  six  inches. 

Oh  the  Champlain  canal  the  resolution  of  June  17,  1868,  allowed  boats 
going  south  to  draw  four  feet,  and  those  going  north  three  feet  and  nine 
inches  of  water.  By  resolution  May  3, 1870,  boats  going  south  on  Champlain 
canal  were  allowed  to  draw  four  feet  four  inches  of  water,  and  going  north 
three  feet  ten  inches,  and  the  commissioner  in  charge  was  authorized  there- 
after to  allow  an  increase  of  depth  of  water  to  boats  going  south  to  four  feet 
Bix  inches  whenever  he  shall  deem  such  increase  advisable. 

August  5,1871,  in  consequence  of  low  water  in  Seneca  lake,  the  draft  of 
boats  on  that  part  of  the  Cayuga  and  Seneca  canal  extending  from  Waterloo 
to  Seneca  lake  was  reduced  to  five  feet  and  nine  inches,  and  Nov.  23d  to  five 
feet.  May  29,  1872,  it  was  again  reduced  to  four  feet  nine  inches.  June 
19,  1872,  the  draft  of  boats  was  limited  to  five  feet  nnd  two  inches,  and  the 
commissioner  in  charge  authorized  to  increase  the  said  draft  to  such  extent 
from  time  to  time  as  the  condition  of  the  water  in  the  lake  and  river  would 
permit,  until  the  further  order  of  the  canal  board. 


REGULATIONS.  337 

the  city  of  Rochester,  whether  the  distance  from  the  collector's 
office  exceeds  one  mile  or  not,  shall  be  deemed  to  be  at  the 
place  of  such  collector's  office,  either  for  taking  out  or  deposit- 
ing a  clearance ;  and  for  every  violation  of  this  regulation  the 
owner,  master  or  navigator  of  such  boat  or  raft  shall  be  liable 
to  a  fine  of  twenty-five  dollars. 

A  boat  or  float  whose  clearance  is  lost,  or  is  claimed  to  be  where 
lost,  must  be  detained  until  it  re-clear  and  pay  the  toll  for  the  fslost.nce 
whole  voyage  ;  or  produce  a  duplicate  clearance  from  the  office 
where  its  first  clearance  is  claimed  to  have  been  issued. 

REG.  No.  4.  In  all  cases  where  any  collector,  weigh-master  Cargo  to 
or  inspector  shall  ascertain  the  true  weight  or  quantity  of  a  boat's  on  c!e«r-ed 
cargo  he  shall  certify  the  same  on  its  clearance  ;  and  in  all  cases  ance- 
where  he  shall  not  ascertain  the  weight  or  quantity,  he  shall 
indorse  on  the  clearance  an  order  for  the  boat  to  stop  at  the 
first  weigh-lock  at  which  it  arrives  and  be  weighed ;  but  the 
indorsement  of  a  collector  that  the  cargo  is  correct  shall  not  be 
an  authority  for  a  boat  to  pass  any  weigh-lock  or  collector's 
office  without  undergoing  an  inspection  by  weighing,  measur- 
ing or  counting. 

REG.  No.  5.  Boats  having  been  weighed  at  Albany  or  West  Boats  to 
Troy,  going  west,  shall  again  be  weighed  at  Utica,  Syracuse  or  weighed 
Rochester ;  and  boats  having  been  weighed  at  any  of  the  west-  twlce- 
ern  weigh-locks  shall  be  again  weighed  at  Albany  or  West  Troy 
(unless  the  collectors  at  those  places  shall  be  well  satisfied,  either 
by  administering  an  oath  or  by  inspection,  that  the  cargo  is  cor- 
rectly stated  in  the  bill  of  lading) ;  and  boats  having  been 
weighed  at  Waterford  shall  be  again  weighed  at  Albany  or 
West  Troy ;  and  boats  having  been  weighed  at  either  of  the 
last-mentioned  places,  going  north,  shall  be  again  weighed  at 
Waterford,  except  that  such  boats  as  enter  or  leave  the  Cham- 
plain  canal  at  Waterford  need  only  be  weighed  once  at  that 
place.  And  any  person  having  charge  of  any  boat  whose  cargo 
pays  toll  by  weight,  who  shall  neglect  or  refuse  to  have  said 
boat  and  cargo  weighed,  at  least  once  on  each  trip,  in  a  weigh- 
lock,  shall  be  subject  to  a  penalty  of  twenty-five  dollars. 

Under  this  regulation  boats  going  east  passing  the  Utica  Boats  to 

•111  IO,TC  -i0   -i  1.1.  •    i      j  it.    j.  weigh  at 

weigh-lock,  and  not  before  weighed,  must  be  weighed  at  that  utica. 
lock ;  and  boats  cleared  east  of  utica,  and  destined  for  or  west 
of  that  place,  if  not  before  weighed  must  be  weighed  at  the 
Utica  weigh-lock.  And  any  person  having  charge  of  any  boat 
whose  cargo  pays  toll  by  weight,  who  shall  neglect  or  refuse  to 
have  said  boat  and  cargo  weighed,  at  least  once  on  each  trip, 
at  the  Utica  weigh-lock,  as  above  required,  shall  be  subject  to 
a  penalty  of  twenty-five  dollars. 

REG.  No.  6.  Every  boat  destined  to  New  York,  or  any  point  New 
in  the  harbor  of  New  York,  which  shall  not,  on  its  arrival  at 
Albany,  West  Troy  or  Waterford,  have  its  cargo  in  such  con- 
dition, either  by  the  manner  of  its  arrangement  on  board  the 
boat,  or  by  causing  it  to  be  wholly  or  partially  Unladen,  that 
the  collector  or  the  inspectors  can  compare  the  cargo  with  the 
43 


338 


CANAL   BOARD. 


Report  of 
frauds. 


One-third 
treble  toll 
to  be  paid 
to  the 
officer  dis- 
covering 
the  fraud. 


Each  raft 
or  tow  to 
have  a 
clearance. 


bill  of  lading  and  clearance,  to  see  that  the  full  toll  has  been 
paid  on  the  same,  the  original  clearance  of  such  boat  shall  be 
deposited  with  the  collector  where  such  boat  shall  leave  the 
canal  to  enter  the  Hudson  river;  and  such  collector  shall  de- 
liver to  the  master,  or  person  having  charge  of  such  boat,  a 
true  copy  of  such  clearance,  without  charging  any  fee  therefor ; 
and  it  shall  be  the  duty  of  the  master  of  every  such  boat,  imme- 
diately on  the  arrival  thereof  in  the  city  of  New  York,  and 
before  any  part  of  the  cargo  shall  be  unladen,  to  present  the 
said  copy  of  clearance  to  the  collector  of  canal  tolls,  at  his  office 
in  the  city  of  New  York,  together  with  the  bill  of  lading ;  and 
such  boat  shall,  on  its  return  to  Albany,  West  Troy  or  W  ater- 
ford,  be  refused  a  clearance  unless  the  master  produce  a  certifi- 
cate of  the  collector  in  New  York  to  the  correctness  of  the 
clearance  and  bill  of  lading  of  such  down  cargo.  And  the  col- 
lector ill  the  city  of  New  York  shall  in  no  case  grant  a  clear- 
ance to  any  boat  where  the  master  thereof  shall  have  neglected 
or  refused  to  comply  with  the  provisions  of  this  regulation,  nor 
unless  the  full,  toll  on  the  whole  of  the  down  cargo  shall  have 
been  paid. 

REG.  No.  7.  Each  collector  and  weigh-master  shall  make  a 
monthly  return  to  the  auditor,  specifying  the  name  and  master 
of  each  boat ;  the  cargo  of  which  he  has  discovered  to  have 
cleared  for  less  than  it  actually  contains,  under  circumstances 
giving  rise  to  any  suspicion  that  a  fraud  upon  the  revenue  was 
intended;  and  the  auditor  is  requested,  in  case  any  boat  shall 
be  returned  to  him  as  having  repeatedly  cleared  for  a  less 
amount  of  cargo  than  it  has  been  found  to  contain,  to  give 
directions  that  such  boat  be  rigidly  inspected  at  each  collector's 
office  and  weigh-lock,  and  that  the  master  thereof  be  required, 
when  he  clears  the  said  boat,  in  all  instances  to  verity  the  cor- 
rectness of  the  bill  of  lading ;  and  in  case  the  auditor  has  reason 
to  believe,  or  it  is  represented  to  him  by  any  officer  or  agent 
on  the  canals  that  a  false  oath  has  been  taken,  he  shall  take  the 
necessary  steps  to  have  the  person  taking  it  proceeded  against 
for  perjury. 

REG.  No.  8.  All  treble  toll,  when  collected,  shall  be  accounted 
for  and  deposited  by  the  collector,  the  same  as  other  tolls,  the 
collector  specifying  each  case  in  which  treble  tolls  are  collected 
in  his  monthly  abstract,  with  the  name  of  the  officer  by  whom 
the  articles  so  charged  with  treble  toll  was  discovered  ;  and  on 
closing  the  collector's  accounts  for  the  season,  there  shall  be 
allowed  and  paid  by  the  auditor  one-third  of  such  treble  toll, 
so  collected  to  the  collector,  weigh-master  or  inspector  who 
shall  have  discovered  the  articles  not  entered  on  the  bill  of 
lading,  and  on  which  treble  toll  was  properly  collected  under 
the  provisions  of  existing  statutes. 

REG.  No.  9.  Every  collector  of  canal  tolls  is  required  to  give 
a  separate  clearance  upon  and  for  every  raft  or  tow  of  timber 
clearing  from  his  office  upon  the  canal,  and  no  clearance  shall 
be  given  for  any  raft  or  tow  until  the  quantity  of  timber  therein 


REGULATIONS.  339 

shall  be  ascertained  by  actual  measurement  or  count ;  and  every 
person  applying  for  a  clearance  for  a  raft  or  tow  of  timber  shall 
present  to  the  collector  a  bill  specifying  the  number  of  sticks 
and  the  quantity  of  timber  in  each  crib  contained  in  such  raft 
or  tow,  and  shall  make  an  affidavit  of  the  truth  of  the  contents 
of  such  bill,  and  file  such  bill  and  affidavit  with  the  collector. 

BEG.  No.  10.  Where  any  boat  or  other  float  shall  depart  rioats 
from  a  place  where  there  is  no  collector's  office  destined  to  a  Cefn 
place  where  there  is  no  such  office,  and  there  being  no  inter-  office8- 
mediate  collector's  office,  the  master  of  such  boat  or  float  shall 
deliver  to  the  lock-tender,  at  the  first  lock  which  he  shall  pass, 
a  true  bill  of  the  quantity  and  description  of  the  lading  of  such 
boat  or  float,  specifying  the  place  from  which  it  departed  and 
to  which  it  is  destined,  and  shall,  within  ten  days  after  arriving 
at  the  place  of  destination,  deliver  a  like  bill  to  the  collector 
nearest  to  the  place  of  delivery,  and  shall  pay  such  collector 
the  tolls  due  on  such  boat  or  float,  and  its  lading ;  and  every 
master  or  other  person  having  charge  of  such  boat  or  float,  who 
shall  omit  to  deliver  such  bill  either  to  the  lock-tender  or  col- 
lector, or  to  pay  such  tolls  at  the  time  above  prescribed,  shall, 
for  every  such  offense,  forfeit  the  sum  of  twenty-five  dollars. 
Every  lock-tender  receiving  any  such  bill  shall,  within  three 
days  thereafter,  transmit  the  same  to  the  collector  to  whom  the 
tolls  are  to  be  paid. 

REG.  No.  11.  Whenever  a  boat  shall  not  proceed  to  the  clearance, 
place  to  which  she  is  cleared,  the  clearance  of  the  boat  shall  be  ^eneboat 
left  with  the  last  collector  passed  in  the  course  of  the  voyage;  stops  short 
and  such  collector  shall  give  the  master  or  owner  a  copy  of 
such  clearance. 

When  additional  toll  is  collected  on  a  cargo  whose  clearance 
is  to  be  deposited  with  the  collector  receiving  such  additional  )1jow 
toll,  it  shall  be  entered  on  the  certificate  book,  and  the  clear-  entered, 
ance  of  the  boat  and  cargo  paying  the  toll,  the  same  as  if  the 
clearance  was  to  be  deposited  in  another  office ;  and  that  said 
additional  toll  shall  also  be  entered  and  receipted  on  the  first 
return  clearance  of  said  boat,  in  which  the  collector  shall  enter 
the  number  of  the  clearance  on  which  such  additional  toll  was 
collected  and  the  name  of  the  office  at  which  such  clearance 
was  issued. 

REG.  No.  12.  Where  any  boat,  scow  or  other  craft,  navi-  Boats  to 
gating  either  of  the  canals  of  this  state,  shall  be  laden  with  so  thtted 
articles  paying  different  rates  of  toll,  or  which  articles  some  of  ^hey  may 
which  shall  be  chargeable  with  toll  by  weight,  and  others  by  venientiy 
measure  or  count,  it  shall  be  the  duty  of  the  master  or  owner  lnspec 
so  to  arrange  the  said  lading  that  the  several  collectors,  weigh- 
masters  and  inspectors  on  canals  can  conveniently  examine  and 
inspect  the  same.     And  if  not  so  arranged  the  master  or  owner 
shall,  at  his  own  expense,  on  the  request  of  any  collector,  weigh- 
master  or  inspector,  unlade  in  whole  or  in  part  the  said  cargo, 
so  as  to  furnish  all  the  necessary  information  for  the  purpose 
i)f  imposing  tolls  or  detecting  or  preventing  frauds.     And  in 


840 


CANAL   BOARD. 


Master  to 
be  sworn 
and  ques- 
tioned. 


Masters 
to  be 
sworn  by 
other  col- 
lectors. 


Master 
refusing  to 
take  oath. 


Weight  of 
new  boats 
to  be  as- 
certained 
within 
thirty 
days. 


case  of  the  neglect  or  refusal  of  any  master  or  owner  to  com 
ply  with  this  regulation,  the  whole  cargo  of  such  boat,  scow  or 
other  craft  shall  be  charged  with  tolls  at  the  rate  of  those  arti 
cles  on  board  paying  the  highest  rate  of  toll. 

REG.  No.  13.  Every  boat  arriving  at  Schenectady,  from 
Albany  or  West  Troy,  shall  be  inspected  by  the  collector  at  the 
former  place ;  or  the  collector  shall,  at  his  discretion,  put  the 
master  of  the  boat  upon  his  oath  as  to  the  correctness  of  his 
bill  of  lading  and  clearance,  as  compared  with  his  cargo.  And 
in  case  he  shall  put  the  said  master  upon  his  oath,  he  shall  put 
to  him  the  following  questions,  and  reduce  such  questions  and 
answers  to  writing,  and  require  the  same  to  be  signed  and 
verified  by  such  master  : 

"  Do  the  bill  of  lading  and  clearance,  now  delivered  by  you, 
contain  the  true  account  and  whole  weight  of  all  the  property 
now  on  board  of  your  boat  and  the  true  distance  each  parcel 
thereof  has  been  or  is  to  be  carried  under  this  clearance  ? 

"  Is  the  property  composing  your  present  cargo  of  the  kind 
and  description  stated  in  the  bill  of  lading  and  clearance  now 
delivered  ? 

"  Has  the  full  toll,  according  to  the  established  rates,  been 
paid  on  all  the  property  conveyed  on  your  boat,  and  composing 
all  the  cargo  for  her  present  trip  to  this  place  ? " 

Together  with  such  other  questions  as  the  said  collector  may 
suppose  it  necessary  to  put,  to  ascertain  the  full  state  of  facts 
in  relation  to  such  boat  and  cargo. 

REG.  No.  14.  Every  other  collector  upon  any  of  the  canals 
shall  put  the  master  of  every  boat  or  raft  upon  his  oath  when 
he  shall  consider  it  proper  to  do  so,  or  when  he  shall  be 
directed  to  do  so  by  the  auditor ;  and  in  every  such  case,  the 
above  questions  shall  be  put  to  the  said  master,  together  with 
all  such  other  questions  as  any  such  collector  shall  consider  it 
necessary  to  put  to  ascertain  the  whole  truth  in  relation  to 
any  such  boat  and  cargo,  or  raft. 

REG.  No.  15.  The  master  or  person  having  charge  of  any 
boat  or  float,  who  shall  refuse  to  take  the  oath  required  by 
any  collector,  or  shall  refuse  to  answer  on  oath  any  question 
which  the  collector  is  authorized  to  propound,  shall  be  subject 
to  a  penalty  of  twenty  dollars. 

REG.  No.  16.  The  master  or  owner  of  every  new  boat  navi- 
gating any  of  the  canals  of  the  state,  and  carrying  freight, 
shall,  within  thirty  days  after  the  date  of  its  first  clearance, 
procure  to  be  ascertained  by  actual  weight,  at  some  one  of  the 
weigh-locks  upon  the  canals,  the  true  light  weight  of  his  boat ; 
and  the  weigh-master  weighing  every  such  boat  shall  give  to 
the  master  or  owner  presenting  the  boat  at  the  weigh-lock  a 
certificate,  stating  the  true  light  weight  of  such  boat,  as  ascer- 
tained by  his  weigh-lock,  and  stating  in  every  such  certificate 
the  accurate  measure  of  the  water  in  the  boat  when  so  weighed. 
And  whenever  the  said  boat  shall  draw  three  and  a  half  feet 
of  water,  the  said  weigh-master  shall  cause  said  boat  to  be 


REGULATIONS^  344 

distinctly  marked  on  each  side,  at  the  bow,  stern  and  midships, 
at  the  water  surface  of  such  three  and  a  half  feet,  three  feet 
and  nine  inches,  four  feet  and  five  feet  and  nine  inches,  and 
no  boat  shall  navigate  the  canals  without  such  water-mark; 
and  the  owner  or  captain  shall  renew  the  said  marks  as  often 
as  the  same  may  become  obliterated,  from  any  cause,  under 
the  penalty  of  twenty-five  dollars  for  any  neglect  or  omission. 

REG.  No.  17.  Every  boat  before  being  weighed  for  the  pur-  Boat  to  be 
pose  of    ascertaining    the    light    weight,  shall  be  as  nearly  ^erdo£ 
cleared  of  the  water  on  board  as  is  practicable  with  ordinary  wood,' etc., 
care  and  pains,  and  every  weigh-master  and  his  assistant  shall  being6 
use  all  possible  vigilance  to  see  that  this  is  done  before  the  wei^hed> 
boat  is  weighed ;  all  wood  and  other  articles  on  board,  having 
the  effect  to  increase  the  light  weight  of  any  boat,  shall  be 
taken  out,  and  no  article  shall  be  included  in  the  light  weight, 
except  the  fixtures,  necessary  furniture  and  tackle  of  the  boat. 
No  deduction  shall  be  made,  by  a  weigh-master  or  collector, 
from  the  weight  of  any  boat  and  cargo  on  account  of  more 
water  in  said  boat  than  when  last  weighed  light. 

REG.  No.  18.  Every  master  or  owner  of  any  boat  navigat-  omission 
ing  any  of  the  canals  of  the  state,  who  shall  omit  to  cause  the  ii^ht4 
light  weight  of   his  boat  to  be  ascertained  in  the  manner  weight, 
before  prescribed,  and  within  the  time  before  limited,  shall  for 
every  boat  owned  or  navigated  by  him,  the  light  weight  of 
which  shall  not  be  so  ascertained  within  the  time  aforesaid, 
forfeit  and  pay  a  penalty  of  five  dollars  at  each  weigh-lock  at 
which  the  boat  shall  arrive,  until  such  light  weight  shall  be 
ascertained ;  but  this  penalty  shall  not  be  imposed  upon  the 
master  or  owner  of  any  boat  not  having  on  board  freight  sub- 
ject to  the  payment  of  toll  by  weight. 

REG.  No.  19.  Where  any  boat  shall  be  presented  at  a  weigh-  Fraud  in 
lock,  for  the  purpose  of  ascertaining  the  light  weight  of  the  ^ght. 
same,  in  such  a  condition  or  under  such  circumstances  as 
would  make  the  apparent  light  weight  of  the  boat  greater 
than  the  real  light  weight  of  the  same,  the  captain  or  other 
person  who  shall  present  the  boat  to  be  weighed  light  shall 
forfeit  and  pay  for  every  such  offense  a  penalty  of  twenty 
dollars. 

REG.  No.  20.  Every  weigh-master,  or  in  his  absence  his  assist-  Duty  of 
ant,  whenever  he  may  believe  it  necessary,  is  hereby  authorized 
and  directed  to  order  any  empty  boat  passing  his  weigh-lock, 
or  lying  within  a  convenient  distance  from  the  same  to  go  into 
the  lock  and  be  weighed ;  and  whenever,  in  the  opinion  of  the 
weigh-master,  it  may  be  necessary  to  unload  the  whole  or  any 
part  of  a  cargo  for  the  purpose  of  ascertaining  the  true  meas- 
urement or  weight  of  the  same,  or  for  the  purpose  of  ascertain- 
ing the  correct  "light  weight  of  the  boat,  the  boat  shall  be  un- 
loaded as  he  may  direct ;  and  every  master  or  owner  of  any  boat, 
or  any  other  person  having  charge  of  the  same,  who  shall  refuse 
or  neglect  to  obey  any  such  order  to,  unload,  shall,  for  every  such 
offense,  forfeit  and  pay  a  penalty  of  fifteen  dollars. 


342 


C&NAL  BOARD. 


Refusing 
to  go  into 
a  weigh 
lock. 


Toll  when 
refunded 
on  addi- 
tion by 
weigh- 
lock. 


Collectors 
may  exam- 
ine for- 
warders' 
books,  and 
the  for- 
warders 
and  their 
clerks  on 
oath. 


Refusal  of 
forward- 
ers. 


Bills  of 
lading  for 
salt. 


REG.  No.  21.  Any  person  having  charge  of  any  boat,  who  shall 
refuse  to  take  his  boat  into  a  weigh-lock,  when  required  by  a 
collector  or  weigh-master,  shall  be  subject  to  a  penalty  of  twen- 
ty-five dollars. 

REG.  No.  22.  Toll  will  not  be  refunded  on  an  addition  made 
by  a  weigh-lock  in  consequence  of  using  the  light  weight  of  a 
previous  year,  except  in  case  of  an  addition  made  to  a  cargo 
under  the  first  clearance  for  the  season,  and  then  only  when 
such  first  clearance  shall  have  been  taken  at  a  place  where 
there  is  no  weigh-lock.  And  no  toll  shall  be  refunded  on  any 
boat  and  cargo  when  such  boat  shall  take  a  second  clearance 
and  pass  to  her  place  of  destination  by  a  route  longer  or  shorter 
than  that  by  which  such  boat  was  first  cleared,  unless  there 
shall  be  an  obstruction  in  the  navigation  by  the  route  first 
cleared. 

REG.  No.  23.  Any  collector  of  tolls  upon  the  canals  shall, 
whenever  he  for  any  cause  deems  it  proper  or  advisable,  call 
upon  any  persons  employed  in  the  forwarding  business,  at  their 
respective  stores  or  warehouses,  and  examine  the  books  and 
accounts  kept  by  such  persons,  or  any  books  and  accounts  kept 
at  such  store  or  warehouse  of  the  property  shipped  therefrom 
upon  any  of  the  canals  of  this  state ;  and  such  collector  shall 
also,  if  he  deems  it  proper,  examine,  upon  oath,  all  or  any  of 
such  persons  so  engaged  in  the  forwarding  business,  and  any 
or  all  of  the  agents,  clerks  or  employees  of  such  persons,  or 
any  other  person  or  persons  he  may  deem  proper,  in  relation 
to  any  such  property,  the  shipment  or  receipt  of  the  same,  the 
books  and  accounts  thereof  as  kept  by  the  said  house  or  com- 
pany, and  in  relation  to  any  bills  of  lading  issued  by  them  and 
presented  to  any  collector  upon  the  canals  for  the  purpose  of 
obtaining  a  clearance  or  receipt  thereupon. 

REG.  No.  24.  If  any  such  person  or  persons,  their  agents, 
clerks  or  servants,  shall,  upon  the  request  of  any  collector,  re- 
fuse to  permit  their  books  to  be  examined,  or  shall  refuse  to 
permit  himself  or  themselves,  their  agents,  clerks  and  ser- 
vants, or  any  of  them,  to  be  examined  upon  oath  touching  the 
matters  mentioned  in  the  last  preceding  regulation,  the  col- 
lector making  such  request  shall,  as  soon  as  may  be,  communi- 
cate to  the  auditor  the  fact  of  his  having  made  such  request, 
the  cause  of  his  making  the  same,  and  the  fact  of  such  refusal, 
with  the.  reasons,  if  any,  given  therefor;  and  shall  refuse  a 
clearance  to  any  boat  on  board  of  which  any  property  has  been 
conveyed,  and  concerning  which  he  wishes  to  examine  such 
books. 

REG.  No.  25.  Whenever  any  bill  of  lading  shall  be  presented 
to  any  collector  of  canal  tolls  for  the  purpose  of  obtaining  a 
clearance  or  receipt  of  the  property  mentioned  in  such  bill  of 
lading,  and  any  part  of  the  property  shall  consist  of  salt  in 
barrels  or  casks,  the  collector  shall  require  that  the  manufac- 
turer's brand,  as  marked  upon  said  barrels  or  casks,  shall  be 
correctly  and  truly  set  down  and  specified  in  the  said  bill  of 


REGULATIONS.  34.3 

lading ;  and  he  shall  transcribe  into  his  certificate  book,  and 
insert  upon  the  clearance  of  any  such  salt,  the  mark  or  brand 
of  the  manufacturer,  as  given  in  the  bill  of  lading  so  pre- 
sented. 

REG.  No.  26.  Any  person  who  shall  present  any  such  bill  of  Bius  of 
lading,  with  the  manufacturer's  mark  or  brand  to  any  salt  salt.08 
mentioned  therein  untruly  specified  and  set  down,  shall,  for 
every  such  offense  be  liable  to  all  the  penalties  imposed  by  the 
law  upon  persons  presenting  false  bills  of  lading  of  property 
to  be  cleared  for  transportation  upon  the  canals. 

2D.     RELATIVE    TO   TOLLS   UPON    PASSENGERS,    AND    COMMUTATION 

THEREFOR. 

REG.  No.  27.  The  auditor  of  the  canal  department  may  per-  Auditor 
mit  freight  and  packet  boats  to  commute  for  tolls  payable  upon  miTb^atk 
passengers,  according  to  the  established  rates,  by  paying  an  to  com- 
additional  toll  of  three  mills  per  mile  upon  freight  boats,  and  m 
one  cent  per  mile  upon  packet  boats. 

REG.  ]So.  28.  The  auditor  shall  prescribe  a  form  of  an  agree-  Auditor  to 
ment  to  be  executed  by  the  master,  agent  or  proprietor  of  any  ?o?m,Ietc. 
boat  or  boats,  who  may  elect  to  commute  for  the  tolls  payable 
upon  passengers,  and  he  shall  establish  such  rules  as  he  may 
deem  necessary,  in  relation  to  the  commutation  of  tolls  upon 
passengers. 

REG.  No.  29.  Such  election  or  agreement  to  commute  shall  Election, 
be  made  before  the  tenth  day  of  May  in  each  year,  and  shall  made.  ° 
continue  through  the  season. 

REG.  No.  30.  The  collector  of  canal  tolls  receiving  from  the  collectors 
master,  owner  or  proprietor  of  any  boat  or  boats  a  consent  and  £cknowi- 
agreement,  shall  give  to  the  person  from  whom  he  shall  receive  ef(f_ment' 
such  consent  and  agreement  an  acknowledgment,  such  as  shall 
be  prescribed  by  the  auditor  of  the  canal  department. 

REG.  No.  31.  The  master  or  owner  of  every  boat  intended  Boat  not 

.1  i  .  *  T  commut- 

to  navigate  any  of  the  canals  01  the  state  night  and  day,  or  ing  may 
which  belongs  to  any  regular  line  of  packet  or  freight  boats,  "tate^- 
who  shall  not  have  elected  to  commute  for  the  tolls  upon  pas-  naent8- 
sengers  to  be  transported  upon  such  boat,  according  to  the 
regulations  established  for  that  purpose,  shall,  to  entitle  such 
boat  to  make  statements  of  passengers  monthly,  or  often er,  if 
he  choose  so  to  do,  pursuant  to  the  requirements  of  existing 
statutes,  deliver  to  some  collector,  on  or  before  the  fifteenth 
day  of  May  in  each  year,  a  certificate  in  writing,  signed  by  the 
said  master  or  owner,  which  certificate  shall  state  that  the  said 
boat  is  to  navigate  the  canals  night  and  day,  or  that  it  belongs 
to  some  regular  line  of  packet  or  freight  boats,  as  the  case  may 
be,  naming  the  line  to  which  the  said  boat  belongs ;  and  shall 
further  state  the  name  of  the  collector's  office  at  which  such 
boat  will  make  its  statements  of  passengers  and  pay  the  tolls 
thereon  for  the  season ;  and  every  such  boat  shall  make  its 
statements  of  passengers  and  pay  the  tolls  thereon  at  the  col- 


CANAL  BOARD. 


State- 
ments to 
be  made 
on  the 
canal 
where 
boat  runs. 


Duty  of 

collector. 


Boats, 
when  to 
pay  toll 
at  each 
office. 


Auditor 
may 

change 

office 

elected. 


Floats 
to  carry 
lights  at 
night. 


Where 
not  to 

•top. 


lector's  office  named  in  the  said  certificate,  and  to  no  other, 
unless  as  hereafter  provided. 

KEG.  No.  32.  All  boats  filing  such  certificates  shall  elect  to 
make  their  statements  of  passengers  and  pay  the  tolls  thereon 
for  the  season  at  one  of  collector's  offices  on  the  canal  where 
the  boat  is  intended  to  run ;  and  where  the  boat  runs  on  more 
than  one  canal,  the  election  shall  be  made  at  an  office  on  the 
canal  where  the  boat  principally  runs.  If,  at  the  close  of  navi- 
gation, or  at  the  end  of  the  last  passage  of  any  boat  for  the 
season,  the  boat  shall  be  stopped  or  laid  up  at  a  distance  from 
the  office  elected,  the  master  may  make  the  statement  or  affi- 
davit then  due,  and  pay  the  tolls  thereon  at  any  other  col- 
lector's office. 

REG.  No.  33.  Every  collector,  to  whom  any  such  certificate 
shall  be  delivered  by  the  master  or  owner  of  any  boat,  shall 
give  to  such  master  or  owner  an  acknowledgment  of  the  receipt 
thereof  in  writing,  signed  by  such  collector,  and  stating  the 
name  of  the  collector's  office  to  which  such  certificate  shows 
that  the  statements  of  passengers  for  the  said  boat  are  to  be 
made,  and  shall  forthwith  transmit  to  the  auditor  the  certificate 
so  delivered  to  him. 

KEG.  No.  34-.  Boats  running  night  and  day,  or  belonging  to 
any  regular  line  of  freight  or  packet  boats,  and  which  do  not 
pay  commutation  toll,  shall,  until  they  file  the  certificate 
required  by  the  31st  regulation,  be  charged  toll  on  all  passen- 
gers conveyed  in  such  boat  in  the  same  manner  as  required  to 
pay  toll  on  property  conveyed. 

REG.  No.  35.  The  auditor  shall,  at  his  discretion,  and  upon 
the  application  of  the  master  or  owner  of  any  boat,  permit 
such  master  or  owner  to  change  the  collector's  office  at  which 
the  statements  of  passengers  for  his  boat  are  to  be  made  as 
designated  in  the  certificate  of  the  said  master  or  owner,  to 
any  other  collector's  office  upon  the  canals. 

3D.    RELATIVE  TO  THE  NAVIGATION  OF  THE  CANALS. 

KEG.  No.  36.  Every  boat  passing  on  either  of  the  canals  of 
this  state,  or  on  any  feeder  of  either  of  them,  is  required,  at 
all  times  during  the  night,  to  carry  conspicuous  lights  on  the 
bow  of  the  boat ;  and  every  raft,  navigating  either  of  the  said 
canals  or  feeders  at  night,  shall  carry  a  conspicuous  light  on 
the  forward  end  of  the  same.  And  every  raft  moored  or  tied 
up  shall,  at  all  times  during  the  night,  have  a  conspicuous 
light  at  each  end  of  each  tow,  near  the  outer  corners  thereof ; 
and  every  infraction  of  this  regulation  shall  subject  the  master, 
owner  or  navigator  of  any  boat  or  raft  to  the  penalty  of  ten 
dollars. 

KEG.  No.  37.  No  boat  or  float  shall  unnecessarily  stop,  lie 
by  or  be  moored  within  twenty  rods  of  any  lock,  except  in  a 
basin.  And  every  master,  owner  or  navigator  of  any  boat  or 
float,  who  shall  violate  this  regulation,  shall  be  subjected  to 
the  penalty  of  ten  dollars. 


REGULATIONS. 


345 


KEG.  I^o.  38.  Any  unreasonable  or  unnecessary  delay  of  a  Delay  in  a 
boat  or  float  in  a  lock,  or  in  entering  or  leaving  a  lock,  shall  lock> 
subject  the  person  or  persons  having  charge  of  such  boat  or 
float  to  the  penalty  of  five  dollars  ;  and  every  boat  or  float 
which  shall  not  be  towed  into  a  lock  and  out  01  it,  when  other 
boats  or  floats  are  in  waiting  to  pass  said  lock,  shall  be  consid- 
ered as  having  violated  this  regulation. 

REG.  No.  39.  Every  boat  or  float  which  shall  arrive  at  any  Delay  in 
lock,  and  which  shall  not  improve  the  first  opportunity  of  pass- 
ing  the  same,  shall  lose  its  preference,  so  long  as  there  may 
be  any  other  boat  or  float  at  the  lock  ready  to  pass  in  the  same 
direction. 

REG.  No.  40.  In  order  to  protect  other  boats  and  the  canal 

/*  •       •  ill 

banks  and  structures  from  injury,  no  scow  or  other  boat,  here- 
after  to  be  built  and  registered,  shall  be  permitted  to  navigate 
any  canal,  unless  the  whole  bow  of  said  scow  or  boat  be  con- 
structed of  an  elliptical  or  semi-circular  form,  the  versed  sine 
of  which  shall  not  be  less  than  one-fourth  of  the  chord,  in 
form  as  follows  : 


TO  >  have 
cuiar  bow 


FORM  A. 


CHORD  17  FEET  6  INCHES. 
VERSED  SINE  *  OF  THE  CHORD. 


44 


346 


CANAL  BOAED. 
FORM  B. 


CHORD  16  FEET. 
VERSED  SINE  %  OF  THE  CHORD. 


FORM  O. 


CHORD  15  FEET. 
VERSED  SINE  #  OF  THE  CHORD 


REGULATIONS. 


FORM  D. 


347 


CHORD  14  FEET. 
VERSED  SINE       OF  THE  CHORD 


The  master,  owner  or  navigator  of  any  scow  or  other  boat  Penalty, 
used  on  any  of  the  canals,  in  violation  of  this  regulation,  shall 
be  subject  to  a  penalty  of  twenty-five  dollars,  and  five  dollars 
additional  for  every  day  that  such  boat  shall  be  run  in  violation 
of  this  regulation. 

[That  boats  now  navigating  the  canals  of  this  state,  May  8, 
1862,  not  built  in  accordance  with  the  40th  regulation  of  this 
board,  be  and  the  same  are  hereby  allowed  to  be  registered  the 
same  as  if  built  in  conformity  with  said  regulation. 

That  no  boat  built  after  the  1st  day  of  July,  1862,  in  viola- 
tion of  the  40th  regulation  of  this  board,  for  the  purpose  of 
navigating  the  canals  and  navigating  the  same,  shall  be  allowed 
to  be  registered,  and  that  the  auditor  be  requested  to  enforce 
the  penalty  against  any  such  boat  built  after  the  day  above 
specified.] 

That  the  collectors  of  tolls  be  and  they  hereby  are  specially 
directed  not  to  register  any  boat  or  scow  after  the  1st  day  of 
July,  1862,  whose  bow  is  not  constructed  in  conformity  to 
regulation  No.  40,  of  the  canal  board. 

That  on  all  boats  or  scows  navigating  the  canals  of  this  state  Toils  per 
and  used  chiefly  for  the  transportation  of  property,  whose  bows  boats°not 
are  not  constructed  of  an  elliptical  or  semi-circular  form,  as 
required  by  regulation  number  forty  of  the  canal  board,  after 
the  first  day  of  September,  1862,  a  toll  of  two  l  cents  per  mile 
shall  be  imposed,  levied  and  collected.     And  the  collector  shall 
make  special  entries  of  the  facts  upon  each  clearance,  when  the 
rate  of  toll  imposed  by  this  resolution  shall  be  paid. 

That  the  collectors  of  canal  tolls  and  superintendents   of  Driving  on 
canal  repairs  be  and  they  hereby  are  required,  and  the  several  etcTP< 
canal  repair  contractors  are  requested  to  prosecute  for  all  vio- 

1  Amended  by  reducing  the  rate  of  toll  from  "  thret;  "  to  "  two  "  cents 
per  mile,  by  resolution  April  15,  1871.  See  proceedings,  C.  B.,  p.  138. 


34:8 


CANAL  BOARD. 


Filth  not 
to  be 
thrown 
into 
canals. 


Duty  of 
officers  to 
move 
boats  in 
certain 
cases. 


Bafts. 


At  Lock- 
port. 


How  made 
up  and 

towed. 


lations  of  section  one  hundred  and  eighty-one  of  article  nine, 
title  nine,  chapter  nine  of  part  first  of  the  1st  edition  of  the 
Revised  Statutes,  which  prohibits  the  leading,  riding  or  driving 
any  horse,  ox,  ass,  mule  or  other  cattle  upon  the  towing  path 
of  the  canals,  or  upon  the  bank  opposite  to  such  towing-path  ; 
"  but  this  section  shall  not  be  construed  to  extend  to  persons 
towing  boats  or  other  floats,  or  conveying  articles  unladen,  or 
to  be  laden  from  or  to  a  canal.'' 

REG.  No.  41.  No  carcass,  dead  animal,  putrid  substance  or 
filth  of  any  kind,  shall  be  thrown  or  discharged  into  either  of 
the  canals,  or  into  any  basin,  reservoir  or  feeder  connected 
therewith ;  and  a  breach  of  this  regulation  shall  subject  the 
offender  to  a  fine  of  twenty-five  dollars. 

REG.  No.  4:2.  In  case  of  breach  or  other  obstruction  on 
either  of  the  canals,  or  when  the  canal  is  filling  with  water, 
the  superintendent,  canal  commissioner,  engineer,  collector, 
foreman  or  lock-tender,  shall  direct  the  floats  which  may  be 
collected  near  such  breach  or  other  obstruction,  or  which  in 
his  opinion  may  obstruct  the  filling  of  the  canal  with  water,  to 
lie  in  such  places  and  to  be  moved  backward  or  forward  on  the 
canal  as  he  shall  think  most  advisable  and  proper ;  and  a  re- 
fusal to  comply  promptly  with  his  direction  in  this  respect, 
shall  subject  the  owner,  master  or  person  having  charge  of  said 
float  to  a  penalty  of  ten  dollars. 

REG.  No.  43.  No  raft  or  tow  of  timber,  passing  on  either 
of  the  canals  and  feeders,  shall  consist  of  more  than  six  cribs, 
and  no  raft  or  tow  of  timber  shall  approach  any  other  raft  or 
tow  of  timber  nearer  than  thirty  rods,  unless  for  the  purpose 
of  passing,  or  to  be  moored  nearer  than  thirty  rods  to  any 
other  raft  or  tow  of  timber  which  shall  be  first  moored. 

And  such  rafts  or  tows  of  timber,  when  awaiting  to  be 
locked  from  the  level  above  the  locks  at  Lockport,  shall,  in  all 
cases,  be  moored  on  the  benne  side  of  the  canal,  and  down 
boats  shall  be  moored  in  like  manner  on  the  towing-path  side 
of  the  canal,  so  as  to  leave  a  space  between  the  two  for  the 
free  passage  of  upward  bound  boats.  When  a  tow  of  timber 
belonging  to  the  same  party  shall  have  passed  through  said 
locks  into  the  basin  at  foot  of  same,  it  shall  proceed  immedi- 
ately east  to  the  wide  water  below,  so  as  to  afford  room  for 
other  rafts  and  boats  as  they  pass  from  the  locks  into  said 
basin.  No  raft  or  tow  of  timber  to  be  locked  through  the 
locks  at  Lockport,  between  the  hours  of  seven  o'clock  p.  M.,  at 
night,  and  five  o'clock  A.  M.,  in  the  morning,  except  as  the 
lock-tender  of  said  lock  may,  in  his  discretion,  allow  rafts,  well 
and  securely  made  up,  to  pass  through  during  the  other  hours 
of  the  day  and  night.1 

The  first  and  leading  crib  in  every  raft  or  tow  of  timber,  on 
either  of  the  canals  or  feeders,  shall  have  the  outer  edge  of  the 
forward  end  of  every  outside  stick  rounded.  And  no  traverse 
stick  on  any  crib  of  timber  shall  extend  within  one  inch  of  the 

1  See  note  on  next  page. 


REGULATIONS.  349 

outer  edge  of  the  outside  stick  of  such  crib  of  timber.  And 
the  tow  line  shall  be  elevated  on  the  front  end  of  the  raft  or 
tow,  at  least  three  feet  above  the  surface  of  the  water.1 

And  every  violation  of  either  of  the  provisions  of  this  regu 
lation  shall  subject  the  owner,  person  or  persons  having  charge 
of  said  tow  or  raft  to  a  penalty  of  ten  dollars. 

REG.  No.  44.  Every  boat  passing  on  either  of  the  canals  Rudder. 
shall  have  its  rudder  so  constructed  or  secured  as  not  to  catch 
or  cut  the  tow  rope  of  a  passing  boat.     And  every  violation  of 
this  regulation  shall  subject  the  master  or  owner  to  a  penalty 
of  live  dollars. 

REG.  No.  45.  The  clearance  or  permit  of  every  boat  or  float  clearance 
shall  be  exhibited  to  the  first  lock-tender  after  such  boat  or  m^ufbe 
float  shall  have  left  the  collector's  office ;  and  unless  the  clear-  exhibited. 
ance  or  permit,  have  on  it  the  signature  of  the  collector  at  such 
office  or  of  his  clerk,  is  so  exhibited,  such  lock-tender  shall  not 
permit  the  boat  or  float  to  pass. 

REG.  No.  46.  No  person  or  persons  except  the  lock-tender,  Opening 
shall  be  permitted  to  open  either  of  the  large  gates  of  a  lock,  pakdie 
or  the  paddle  gate,  without  the  permission  of  the  lock-tender.  gates- 
And  every  person  violating  this  regulation  shall  be  liable  to  a 
tine  of  five  dollars. 

REG.  No.  47.  Every  boat  navigating  the  canals,  shall,  in  To  118« 

T      i      ,,     .         r,       ,  e  , .  ,    snub  post 

passing  a  lock,  fasten  the  bow  and  stern  line  to  the  snub  post  at  locks, 
on  the  bank  of  the  lock,   until  the  lock  is  either  filled  or 
emptied,  as  the  case  may  be.     And  the  master  or  owner  of 
every  boat  which  shall  violate  this  regulation  shall  be  liable  to 
a  fine  of  five  dollars. 

REG.  No.  48.  The  horse  or  horses  of  any  float  navigating  speed  on 
the  canal  shall  not  pass  over  a  towing-path  bridge  faster  than  etcfgeSl 
on  a  walk,  nor  pass  into  or  out  of  any  boat  or  float  over  or 
upon  the  walls  or  sides  of  any  lock  on  either  of  the  canals  of 
this  state.     And  the  master  or  owner  of  every  float  which  shall 
violate  this  regulation  shall  be  liable  to  a  fine  of  three  dollars. 

REG.  No.  49.  Whenever  any  float  passing  on  either  of  the  Float  over, 
canals  shall  approach,  within  the  distance  of  fifty  feet,  any  turnout? 
other  float,  not  propelled  by  steam  or  other  mechanical  power, 
which  shall  at  the  time  be  moving  in  the  same  direction,  and 
at  a  less  speed  than  at  the  rate  of  four  miles  per  hour,  it  shall 
be  the  duty  of  the  forward  float  to  turn  from  the  towing-path 
and  give  to  the  rear  float  every  practicable  facility  for  passing ; 
and  to  stop  whenever  it  shall  become  necessary  until  the  rear 
float  shall  have  passed.     "  And  whenever  any  float,  propelled  Float  pro- 
by  steam  or  other  mechanical  power,  shall  approach  within  the  steam  to 
distance  of  twenty  feet  of  any  other  float  moving  in  the  same 
direction,   it  shall   be  the  duty  of  the  forward  float  to  turn 
toward  the  towing-path  and  cause  their  horses  or  machinery 
to  cease  towing  or  propelling   until   the  rear  float  shall   have 
passed  and  have  placed  a  distance  of  five  feet  from  the  stern 

1  As  amended  June  29, 1869.     Proceedings,  pp.  234  and  236. 


350  CANAL  BOARD. 

of  the  passing  float  back  to  the  bow  of  the  float  which  is 
passed  ;  and  every  violation  of  this  regulation  shall  subject  the 
owner,  master  or  navigator  of  the  float  which  is  passed  to  pay 
a  penalty  of  five  dollars."  ' 

steam          .  1.  Boats  propelled  by  steam  or  other  mechanical  power  on 
exemp-      tne  canals  of  this  state,  shall  be   exempt  from  toll  on  their 

tireferand    macm'ner.v- 

ences.  2.  Such  boats  shall  carry  a  prominent  red  light  in  the  night 

to  distinguish  them  from  other  boats. 

3.  The  machinery  of  all  boats  propelled  or  drawn  by  steam 
upon  the  canals  of  this  state,  and  steam  tugs  used  exclusively 
in  the  towage  of  boats  thereon,  together  with  the  machinery 
and  fuel  necessary  therefor,  shall  hereafter  be  exempt  from  the 
payment  of  tolls." 

4.  All  boats  propelled  or  drawn  by  steam  together  with  the 
boats  in  tow  thereof,  shall  have  preference  at  the  locks  over 
other   boats   and   floats,   except    as    otherwise    provided    by 
statute.2 

TWO  floats       REG.  No.  50.  In  all  cases  where  two  boats  or  floats  going  in 


opposite  directions  shall  approach  each  other,  in  the  vicinity 
a  raft.         of  a  raf^  m  sucn  manner  that  they  would,  if  both  should  con- 
tinue their  headway,  meet  by  the  side  of  such  raft,  the  boat  or 
float  which  shall  be  going  in  the  same  direction  as  the  raft 
shall  stop  until  the  boat  or  float  going  in  the  opposite  direction 
shall  pass  such  raft.     And  every  master  of  a  boat  who  shall 
violate  this  regulation  shall  forfeit  the  sum  of  ten  dollars. 
injuries  to       Rfeo.'No.  5L  Every  boat  or  float  shall   be  conducted  into, 
through  and  out  of  every  lock  on  the  canals  of  this  state  in  a 
careful  manner,  so  as  to  do  no  injury  to  such  lock.     And  for 
every  neglect  so  to  conduct  the  same,  the  owner  or  master  of 
such  boat  or  float  shall  pay  a  penalty  of  ten  dollars. 
Penalty           II  EG.  No.  52.  No  person  or  persons  shall  place  on  the  tow- 
forpiaoing  ino--path,  berme  bank,  or  in  any  canal,  feeder  or  reservoir,  or 

things  In  '  .         •/  '    .  ' 

oanais  or    on  the  banks  or  any  reservoir,  or  on  the  ice  in  any  canal,  feeder 

oneice?etc!  or  reservoir,  logs,  timber  or  other  materials,  without  the  per- 

mission of  a  canal  commissioner  or  a  superintendent.     And  no 

person  or  persons  shall  fell  trees,  roll  or  carry  logs,  timber  or 

rubbish  of  any  kind  within  the  flow  line  of  either  of  the  reser- 

voirs; meddle  with  or  interfere  with  any  of  the  fixtures  or 

buildings  of  either  of  the  reservoirs.     And  every  violation  of 

these  regulations  shall  subject  such  person  or  persons  to  a  pen- 

alty of  ten  dollars. 

Mooring          REG.  No.  53.  No  person  or.  persons  shall,  without  the  per- 

fluats.  ...  .   .  f  •    7       j 

mission  in  writing  of.  a  superintendent,  moor  a  boat  or  float  on 
either  of  the  canals  for  a  longer  period  than  four  days  at  any 
one  time,  unless  in  a  basin  or  where  the  canal  is  of  sufficient 
width  to  pass  three  boats  abreast.  In  cities  or  villages  no  boat 
or  float  shall  be  moored  in  the  canal  (except  in  a  basin)  for  a 

1  As  amended  April  29,  1869.  Proceedings,  page  205. 
*  As  amended  Jan'y  24,  1871.  Proceedings,  page  45. 


REGULATIONS.  351 

longer  period  than  is  reasonable  for  discharging  or  taking  in 
the  load  of  such  boat  or  float,  without  a  written  permission 
from  the  superintendent,  or,  in  his  absence,  of  the  collector, 
weigh-master  or  inspector.  And  any  person  or  persons  who 
shall  violate  this  regulation  shall  be  liable  to  a  penalty  of  ten 
dollars. 

REG.  No.  54.  No  person  shall,  without  the  permission  in  Drawing 

....  n  L     .     .  •     .        i  ii          i  materials 

writing  ol  a  canal  commissioner  or  superintendent,  roll  or  draw  from  or 
from  or  into  any  of  the  canals  or  reservoirs,  over  the  side  of  o"e°  struck 
any  lock  or  aqueduct,   or  over  any  structure  of  masonry,  or  tures. 
over  the  side  of  any  embankment,  of  any  canal,  reservoir  or 
feeder,  any  log,  timber  or  other  material.     And  every  violation 
of  this  regulation  shall  subject  every  person  concerned  in  it  to 
a  penalty  of  ten  dollars. 

REG.  No.  55.  It  shall  be  the  duty  of  every  collector  of  tolls,  Berths, 
inspector  or  weigh-master,  and  if  there  be  no  collector,  inspec-  assTgned 
tor  or  weigh-master  present,  of  every  superintendent,  when-  ^,°eat8 
ever  in  the  opinion  of  such  officer  it  shall  be  necessary,  to  loading  or 
assign  berths  to  all  boats  when  loading,  unloading  or  stopping  orstop-ng 
at  any  landing  place  on  the  canal.     And  every  master,  owner  Pin«- 
or  person  having  charge  of  a  boat  who  shall  refuse  or  neglect 
promptly  to  comply  with  directions  given  by  a  collector,  in- 
spector, weigh-master  or  superintendent,  or  any  person  who 
shall  forcibly  remove  or  attempt  to  remove  any  boat  from  the 
berth  assigned  it  by  either  of  said  officers  without  his  permis- 
sion, shall  be  subject  to  a  penalty  of  ten  dollars. 

REG.  No.  56.  The  margin  of  the  canal  on  each  side  of  the  Littie 
Little  basin,  near  the  intersection  of  the  Erie  canal   with  ^ the  JjgJay. 
Hudson  river,  being  a  towing  path,  all  the  laws  and  regulations 
respecting  obstructions  of  the  towing-path  of  the  Erie  canal 
shall  be  enforced  against  such  persons  as  obstruct  the  grounds 
on  the  margin  of  the  said  basin,  or  occupy  the  same  with  wood, 
stone,  lumber  or  other  things,  without  the  written  permission 
of  a  superintendent  or  collector. 

REG.  No.  57.  The  masters  of  all  boats  arriving  at  the  city  Boats 
of  Rochester,  laden  with  staves,  which  are  consigned  or  are  to  ^^s.  * 
be  left  within   the  corporate  bounds  of  the  city,  shall,  before 
unlading  the  same,  or  any  part  thereof,  cause  the  weight  of  the 
boat  and  cargo  to  be  ascertained  at  the  weigh-lock  at  that  place. 
And  for  a  violation  of  this  regulation  the  master  or  owner  of 
every  such  boat  shall  be  liable  to  a  penalty  of  twenty-five  dol- 
lars, and  the  collector  or  weigh-master  at  that  place  may  prose- 
cute for  the  same  in  the  name  of  the  people  of  this  State. 

REG.  No.  58.  No  float  shall  pass  either  of  the  locks  upon  NO  lock- 
the  Chernung  canal,  between  the  collector's  office  in  the  village  ^*$on 
of  Havana  and  the  northeasterly  end  of  the  summit  level,  nor  P°^£ 
of  the  Crooked  Lake  canal,  above  the  village  of  Dresden,  after  crooked^ 
dark  or  before  daylight,  without  the  written  permission  of  a  on  t'he 
canal  commissioner  or  superintendent.     And  every  violation 
of  this  regulation  shall  subject  the  master  or  owner  to  a  penalty 
of  ten  dollars. 


352 


CAXAL  BOARD. 


Canal 
officers  to 
make 
entry  of 
offenses. 


Clearances 
to  Che- 
mung or 
Crooked 
Lake 
canals. 


Clearances 
from,  etc. 


May  pay 
tolls  at 
Havana. 


Name  and 
hailing 
place  of 
boats  not 
to  be 
changed 
unless  to 
conform 
to  custom- 
house 
registry. 


Stock,  etc. 
exempt 
from  toll, 
passing  to 
and  from 
annual 
state  fair. 


[No  boat  or  float  shall  pass  either  of  the  locks  upon  the 
Chenango  canal,  between  the  setting  of  the  sun  and  its  rising, 
without  the  written  permission  of  the  canal  commissioner  or 
superintendent  in  charge.  Any  and  every  violation  of  this 
regulation  shall  subject  the  master  or  owner  to  a  penalty  of 
twenty-five  dollars.,1] 

REG.  No.  59.  Superintendents,  collectors,  weigh-masters,  in- 
spectors and  lock-tenders  are  hereby  required,  on  every  viola- 
tion of  either  of  the  above  regulations,  to  make  an  entry  of  the 
nature  of  every  offense,  the  names  of  the  offenders,  the  time 
and  place  where  committed,  and  the  names  of  witnesses.  And 
it  is  further  strictly  enjoined  on  each  of  the  above  officers  to 
carry  these  regulations  into  full  effect. 

REG.  No.  60.  Masters  of  boats  passing  the  Cayuga  and  Sen- 
eca canal,  with  cargoes  destined  to  any  point  on  the  Chemung 
or  Crooked  Lake  canals,  shall,  before  they  receive  a  clearance 
at  Havana  or  Dresden,  present  to  the  collector  a  copy  of  the 
original  clearance  left  at  Geneva:  which  copy  shall  be  fur- 
nished by  the  collector  at  Geneva,  free  of  charge. 

REG.  No.  61.  Masters  of  boats  passing  from  the  Chemung 
or  Crooked  Lake  canal,  and  having  property  on  board  which 
has  paid  toll  on  either  of  those  canals,  and  persons  having 
charge  of  rafts,  shall,  before  said  property  or  rafts  are  cleared 
on  the  Cayuga  and  Seneca  canal,  present  to  the  collector  at 
Geneva  a  copy  of  the  clearance  on  which  said  toll  was  paid ; 
which  copy  shall  be  furnished  by  the  collector  on  either  of  the 
first  named  canals  with  which  the  original  clearance  is  de- 
posited, free  of  charge. 

REG.  No.  62.  Boats  passing  up  the  Chemung  canal  with  mer- 
chandise from  tide- water,  destined  for  Corning  and  Elmira,  may 
pay  toll  on  the  same,  at  Havana,  to  each  of  the  above-named 
places ;  and  when  so  paid  they  shall  not  be  subject  to  any 
additional  toll  upon  such  merchandise  as  shall  be  first  carried 
to  Corning  or  Elmira,  and  thence  to  the  other  of  those  places. 

REG.  No.  63.  No  boat  will  be  permitted  hereafter  to  change 
its  name  or  hailing  place,  unle*s  it  shall  be  necessary  to  make 
the  name  conform  to  the  United  States  custom-house  registry, 
by  reason  of  a  change  of  name  on  the  canal,  after  having  been 
registered  at  the  custom  house.  And  the  auditor  is  hereby 
authorized  to  change  the  name  and  hailing  place  of  boats,  when- 
ever such  change  may  be  necessary  to  conform  to  the  laws  of 
the  United  States.* 

REG.  No.  64.  Stock,  agricultural  productions  and  imple- 
ments, and  specimens  of  machinery,  mechanical  work  arid  man- 
ufactures, intended  for  exhibition  at  the  annual  state  agricul- 
tural fair,  shall  be  cleared  and  pass  on  all  the  canals,  free  of 
toll,  to  and  from  the  place  of  holding  said  fair. 


1  Resolution  of  May  9,  1835. 
9  As  amended   Feb'y  9,    1865. 
§679. 


See  also  Laws  1864,  ch.  412,  $  8,  ante, 


REGULATIONS..'  353 

4.  AUTHORITY  OF  CANAL  OFFICERS  TO  SUE  FOR  PENALTIES. 

1.  COLLECTORS. 

KEG.  Xo.  65.  Each  collector  of  tolls  upon  any  of  the  canals 
is  hereby  authorized  to  prosecute,  in  the  name  of  the  people 
of  this  state,  for  any  penalty  incurred  by  the  violation  of  any 
or  either  of  sections  119,  123,  124,  125,  130,  143,  147,  152, 

160,  161,  162,  163,  164,  179,  180  and  181,  of  title  9,  chapter 
9,  part  first  of   the  Revised  Statutes ;  and  for  any  penalty 
incurred  by  the  violation  of  any  or  either  of  the  regulations 
of  the  canal  board,  to  wit. :  regulations  Xos.  2,  3,  10,  15,  21, 
26,  36,  37,  38,  40,  41,  42,  43,  44,  48,  49,  51,  52,  53,  54,  55  and 
57;  and  shall  prosecute  for  all-  such  penalties,  whenever  such 
collector  shall  know,  from  his  own  observation,  or  have  good 
cause  to  believe,  that  any  of  the  said  penalties  have  been 
incurred.  * 

2.   SUPERINTENDENTS. 

REG.  No.  66.  Each  superintendent  of  repairs  upon  any  of 
the  canals  is  hereby  authorized  to  prosecute,  in  the  name  of 
the  people  of  this  state,  for  any  penalty  incurred  by  the  viola- 
tion of  any  or  either  of  the  following  sections  of  title  9, 
chapter  9,  part  first  of  the  Revised  Statutes,  to  wit :  sections 
152,  153,  154,  155,  156, 157, 158, 159, 160,  161,  162,  163,  164, 
175,  176,  178,  179,  180,  181,  182;  and  also,  for  any  penalty 
incurred  by  the  violation  of  any  or  either  of  the  regulations 
of  the  canal  board,  to  wit :  regulations  Xos.  2,  36,  37,  38,  40, 
41,  42,  43,  44,  46,  47,  48,  49,  50,  51,  52,  53,  54,  55,  58 ;  and 
shall  prosecute  for  all  such  penalties,  whenever  such  superin- 
tendent shall  know,  from  his  own  observation,  or  have  good 
cause  to  believe,  that  any  of  the  said  penalties  have  been 
incurred.1 

3.    W  EIGH-MASTERS. 

REG.  Xo.  67.  Each  weigh-master  upon  any  of  the  canals  is 
hereby  authorized  to  prosecute,  in  the  name  of  the  people  of 
this  state,  for  any  penalties  incurred  by  a  violation  of  any  or 
either  of  the  regulations  of  the  canal  board,  to  wit :  regula- 
tions Xos.  2,  3,  18,  19,  20,  21  and  57,  and  shall  prosecute  for 
all  such  penalties,  whenever  such  weigh^master  shall  know, 
from  his  own  observation,  or  have  good  cause  to  believe,  that 
any  of  the  said  penalties  have  been  incurred. 

4.  LOCK-TENDERS. 

REG.  Xo.  68.  Each  lock-tender  upon  any  of  the  canals  is 
hereby  authorized  to  prosecute,  in  the  name  of  the  people  of 
this  state,  for  any  penalties  incurred  by  a  violation  of  any  or 
either  of  the  following  sections  of  title  9,  chapter  9,  part  first 
of  the  Revised  Statutes,  to  wit :  sections  157,  158,  159,  160, 

161,  162,  163,  179,  180,  181  and  182;  and  also,  for  any  pen- 
alty incurred  by  any  violation  of  any  or  either  of  the  follow- 

1  See  note  (1)  on  next  page. 

45 


354: 


CANAL  BOARD. 


Boats  en- 
tering or 
leaving  the 
canal  at 
Tonawan- 
da. 


Boats  not 
to  pass 
guard- 
lock  at 
Black 
Rock, 
without 
permit  or 
clearance. 


Boats  or 
vessels 
passing 
the  look  at 
lower  end 
of  Black 
Kock  Har- 
bor, to  pay 
toll. 


Oswego 
office. 


Boats  and 
rafts,  how 
not  to  be 

moored. 


ing  regulations  of  the  canal  board,  to  wit :  regulations  ISTos. 
37,  38,  41,  46,  47,  48,  51,  54,  58 ;  and  shall  prosecute  for  all 
such  penalties,  whenever  such  lock-tender  shall  know  from  his 
own  observation,  or  have  good  cause  to  believe,  that  any  of 
said  penalties  have  been  incurred.1 

5.  MISCELLANEOUS   REGULATIONS. 

REG.  No.  69.  Boats  laden  at  Buffalo  or  Black  Rock  and 
clearing  at  Tonawanda,  when  the  canal  is  navigable  from  Buf- 
falo to  Tonawanda,  whether  propelled  by  steam  or  horse  power, 
shall  be  charged  the  same  tolls,  to  the  place  of  destination,  on 
the  cargoes,  as  if  such  boats  and  cargoes  were  cleared  at  Buf- 
falo. And  all  boats  destined  to  Buffalo  or  Black  Rock  and 
leaving  the  canal  at  Tonawanda,  shall  pay  full  toll  on  the  cargo 
to  Buffalo  from  Tonawanda,  and  no  such  boat  shall  be  permit- 
ted to  pass  from  the  canal  into  the  river,  through  the  lock  at 
Tonawanda,  without  a  pass  from  the  collector  at  that  place,  and 
the  said  collector  will  receive  and  account  for  all  the  tolls  pay- 
able under  this  resolution. 

REG.  No  70.  No  boat  or  other  float  shall  be  allowed  to  pass 
the  guard-lock  at  Black  Rock,  unless  the  master  or  other  person 
having  charge  thereof,  shall  have  and  present  to  the  lock-tender 
a  permit  or  clearance  from  a  canal  collector  ;  and  every  viola- 
tion of  this  regulation  shall  subject  the  master  or  other  person 
having  charge  of  such  boat  or  other  float,  to  a  penalty  of  "  five 
dollars,"  to  be  sued  for  and  collected  by  any  superintendent  of 
canal  repairs,  or  collector  of  canal  tolls,  or  by  the  lock-tender 
of  such  lock  appointed  by  the  State,  if  there  be  any. 

REG.  No.  71.  There  shall  be  collected  on  all  canal  boats  and 
other  boats  and  floats  passing  through  the  lock  at  the  lower 
end  of  Black  Rock  harbor,  a  toll  of  "  fifty  cents "  for  each 
lockage ;  and  on  sloops  and  other  like  craft,  steam  tugs,  pro- 
pellers and  canal  steamboats,  passing  through  the  said  lock,  one 
dollar  for  each  lockage,  and  the  collector  of  tolls  at  Buffalo  is 
hereby  authorized  to  collect  the  same,  provided  that  nothing 
herein  contained  shall  authorize  the  imposition  of  any  lockage 
upon  rafts,  or  upon  vessels  or  boats  laden  with  property  to  be 
transported  on  the  Erie  canal,  or  on  such  steam  tug  boats, 
whilst  engaged  in  the  business  of  towing  boats  and  vessels  as 
pay  lockages. 

REG.  No.  72.  It  is  ordered  that  the  collector's  office  in  the 
city  of  Oswego,  be  kept  open  (during  the  season  of  navigation) 
from  7  o'clock  in  the  morning,  until  10  o'clock  in  the  evening 
of  each  day.* 

REG.  No.  73.  The  master,  owner  or  navigator  of  any  boat, 
raft  or  any  craft,  navigating  any  of  the  canals  of  this  state,  shall 

1  The  references  to  "  sections  "  above,  are  to  the  1st  ed.  R.  8.,  which  may 
be  found  in  this  manual  in  title  9,  of  chapter  ix,  in  articles  seven  and  eight, 
between  §§  678  and  789,  The  numbers  of  the  section  R.  S.,  will  be  found 
inclosed  in  brackets  at  the  beginning  of  the  sections. 

»  Adopted  February  22,  1864. 


KEGULATIONS. 


355 


not  use  any  grappling  irons,  hooks  or  anchors,  in  mooring  such 
boat,  raft  or  other  craft  to  the  banks,  towing-path,  paving,  dock- 
ing, bridge  and  aqueduct  coping,  and  bridge,  or  other  work  or 
structure  of  or  upon  any  of  the  canals  of  this  state ;  and  a  breach 
of  this  regulation  shall  subject  the  offender  to  a  penalty  of 
twenty-five  dollars. 

And  every  collector  of  tolls,  superintendent  of  repairs,  weigh- 
master,  inspector  or  lock-tender  upon  any  of  the  canals  of  this 
state,  are,  and  each  of  them  is  hereby  authorized  to  prosecute, 
in  the  name  of  the  people  of  this  state,  for  any  penalty  incurred 
by  a  violation  of  the  above  regulation.1 

KEG.  No.  74.  Whereas,  The  officer  in  command  of  the  United 
States  Watervliet  arsenal,  at  West  Troy,  has  represented  to  this 
board  the  great  hazard  and  danger  arising  from  permitting 
boats,  rafts  or  other  craft  navigating  the  canals  of  this  state, 
having  fires  on  board,  to  lay  moored  within  the  limits  of  the 
said  arsenal,  and  by  the  discharge  of  fire  arms  of  any  descrip- 
tion while  passing  through  the  said  limits ;  therefore 

fiesolved,  That  no  boat,  float,  raft  or  other  craft,  navigating  Boat*  and 
the  canals,  shall,  under  any  pretense  whatever,  be  suffered  to  ™fs£0not 
stop  upon  the  said  canal,  or  be  moored  there  within  the  limits  within* 
of  the  said  arsenal,  and  for  the  distance  of  ten  rods  north  or  w£ter-of 
ten  rods  south  of  those  limits,  and  every  master  or  person  hav-  a^nai 
ing  charge  of  such  boat,  float,  raft  or  other  craft,  who  shall 
violate  this  regulation,  shall  forfeit  the  sum  of  ten  dollars,  and  Penalty, 
any  superintendent  of  canal  repairs,  collector  of  tolls,  weigh- 
master  and  inspector  of  boats  and  their  cargoes,  upon  any  of 
the  canals,  is  hereby  authorized  to  prosecute,  in  the  name  of 
the  people  of  this  state,  for  any  penalty  incurred  by  the  viola- 
tion of   this  regulation ;    and  such  superintendent,  collector, 
weigh-master  or  inspector  shall  prosecute  for  such  penalty, 
whenever  he  shall  know  from  his  own  observation,  or  have 
good  cause  to  believe  that  such  penalty  has  been  incurred. 

Tlie  board  having  no  authority  to  prohibit  the  discharge  of 
fire-arms  upon  the  canal  within  the  limits  of  the  grounds  oc- 
cupied by  the  said  arsenal,  by  the  imposition  of  penalties, 
would  nevertheless  caution  all  persons  upon  boats  on  the  canal 
against  any  such  practice,  and  earnestly  entreat  them  to  abstain 
from  it.  The  danger  of  communicating  tire  to  the  laboratories 
within  the  works,  whereby  explosions  causing  terrible  results 
may  be  produced,  should  induce  every  man  to  observe  the 
greatest  care  and  caution  in  this  respect.* 

REG.  No.  75.  That  M.  D.  Raymond,  of  Clinton,  clerk  of  the  powers  of 
collector  of  canal  tolls  at  Hamilton,  on  the  Chenango  canal,  cierkConr>8 
be,  and  he  (and  his  successors  in  office)  is  hereby  authorized  to  £anaiaat0 
enforce  all  canal  laws  and  regulations  as  fully  and  to  the  same  Hamilton. 

•Adopted  May  13,  1864.    For  a  decision  under  this  regulation  see  proceed- 
incrs.  Nov.  13,  1864. 
'Adopted  May  25,  1864. 


356  CANAL  BOARD. 

extent  as  collectors  of  tolls  or  superintendents  of  canal  repairs 
are  now  authorized.1 

FaiB«  REG.  No.  76.  That  the  auditor  be  and  he  is  hereby  author- 

lading?  ize(i  to  give  such  directions  to  the  collectors  of  canal  tolls  as 
he  shall  in  his  discretion  deem  proper,  and  as  shall  secure  the 
execution  of  the  provisions  of  section  245  of  the  canal  laws, 
as  published  by  the  canal  department  in  1863,  in  a  manner 
which  shall  not  be  oppressive  to  those  innocent  of  an  inten- 
tional evasion  or  violation  of  law,  and  at  the  same  time  shall 
secure  a  fair  and  honest  compliance  with  the  law  requiring 
true  bills  of  lading  to  be  presented.* 

Coal  for          REG.  No.  77.  The  collector  of  canal  tolls  at  Syracuse  may, 
atsyral'     in  his  discretion,  waive  the  weighing  of  boats  laden  entirely 
cuse.         with  coal  shipped  from  Watkins  for  the  use  of  the  Salt  Com- 
pany of   Onondaga;   provided  the  affidavit  of  the  shipper, 
stating  definitely  the  quantity  of  coal  in  net  weight  contained 
in  such  cargo,  be  attached  to  and  accompany  each  bill  of  lad- 
ing presented  for  a  clearance,  until  otherwise  ordered  by  the 
auditor.3 

Patrol-  REG.  No.  78.  By  act  chapter  55,  laws  of  1870,  the  canal 

board  has  power  to  determine  the  method  or  system  by  which 
the  repairs  of  the  canals  shall  be  made  and  their  management 
conducted,  and  power  to  appoint  patrolmen  to  carry  out  and 
enforce  the  rules  and  regulations  adopted  by  said  board  rela- 
tive to  the  navigation  of  the  canals,  and  compel  the  observ 
ance  of  the  laws  in  relation  thereto. 


REGULATIONS    IN   REGARD   TO    PATROLMEN. 

Powers          The  commissioner  in  charge  shall  assign  to  each  of  the 
and  duties.  patrolmen  appointed  by  the  canal  board  such  beat  or  portion 
of  the  canal  on  his  division  as  he  shall  deem  expedient. 

Such  patrolmen  shall  take  the  oath  of  office  prescribed  by 
the  constitution  of  the  state  within  ten  days  after  notice  of 
appointment,  and  file  the  same  in  the  office  of  the  county 
clerk  of  the  county  in  which  he  shall  reside,  and  also  in  the 
office  of  the  auditor  at  Albany. 

It  shall  be  the  duty  of  such  patrolmen  to  pass  over  that 
portion  of  the  canal  assigned  them,  daily,  and  oftener  if  neces- 
sary, to  see  that  the  levels  are  kept  at  a  proper  and  uniform 
height ;  that  water  is  not  unnecessarily  wasted,  or  wrongfully 
taken  from  the  canal ;  that  timely  warning  is  given  to  the 
repair  agents,  of  leaks  or  other  dangers  to  the  canal ;  that  the 
locks  are  well  and  properly  attended ;  that  boats  are  not  over- 
loaded ;  that  boatmen  keep  their  boats  moving,  and  in  such 
shape  at  all  times  as  not  to  in  any  way  or  manner  obstruct  the 
flow  of  water  or  navigation. 


1  Adopted  May  19. 1866. 

2  Adopted  May  27,  1848.     The  §  245  referred  to  ia  §  684  of  this  manual. 
»  Adopted  May  28,  1848. 


KEGULATIONS.  357 

Every  master  or  person  in  charge  of  a  boat  or  float  shall 
obey  the  orders  of  the  patrolmen  as  to  taking  off  a  part  of 
their  cargo,  if  overloaded  ;  as  to  keeping  their  boats  or  floats 
in  such  shape  at  all  times  as  not  to  obstruct  navigation  or  the 
flow  of  water,  and  shall  move  their  boats  or  floats,  or  moor 
them  as  he  shall  direct,  in  order  to  facilitate  navigation  and 
promote  the  best  interest  of  the  state  and  navigator ;  but  for 
any  willful  neglect  of  these  things,  or  disobedience  of  the 
orders  of  the  patrolmen,  with  reference  thereto,  such  master 
or  person  in  charge  of  a  boat  or  float  shall  be  liable  to  a  fine 
of  from  $5  to  $10  for  each  offense,  dependent  upon  the  nature 
of  the  same,  which  fine  may  be  laid  and  collected  by  such 
patrolmen,  and  the  boat  or  float  detained  until  such  fine  be 
paid.  All  fines  so  collected  to  be  paid  to  the  state. 

Each  patrolmen,  by  virtue  of  act  chapter  55,  laws  of  1870, 
has  police  powers  and  authority  to  arrest  and  detain  offenders 
for  any  violation  of  the  rules  and  regulations  of  the  canal 
board  made  and  adopted  pursuant  to  law,  until  the  parties  so 
offending  shall  satisfy  the  demands  of  the  same.1 

REG.  Jv"o.  79.  That  the  collector  at  Buffalo  be  and  he  is  Draft  of 
hereby  directed  not  to  clear  any  boat  drawing  over  six  feet  in  Buffalo* 
depth  of  water,  and  that  the  inspectors,  additional  clerks  of 
said  collector,  and  the  patrolman  on  that  beat,  be  and  are  here- 
by directed  to  measure  and  furnish  a  certificate  of  such 
measurement  to  said  collector,  of  every  fully  laden  boat  intend- 
ing to  clear  at  said  office,  which  certificate  shall  show  the  date, 
name  of  boat,  and  draft  of  water,  and  be  signed  by  the  person 
making  same,  the  contents  of  which  certificate,  with  the  name 
of  the  measurer,  shall  be  entered  on  the  clearance  of  such  boat, 
in  order  that  the  same  may  be  traced  directly  to  the  person 
making  such  measurement,  and  any  willful  neglect  to  make 
such  measurement,  or  the  making  of  a  false  or  fraudulent  cer- 
tificate, as  to  the  draft  of  any  boat  so  measured,  shall  be  deemed 
a  breach  of  trust,  and  the  party  so  offending  shall  be  liable  to 
immediate  removal  from  office.11 

REG.  No.  80.  That  in  the  opinion  of  this  board  the  Reims'  S£Ims>, 
Champion  Boat  Scale  is  superior  to  any  of  the  other  new  scaie^may 
methods  of  weighing  boats,  submitted  for  examination,  and  we  be  U8edt 
believe  that  the  interest  of  the  state  will  be  subserved  by  the 
adoption  of  said  scale,  to  the  exclusion  of  all  others  so  submit- 
ted, and  that  this  board  recommend  that  all  boats  navigating 
the  canals  of  this  state  use  the  Champion  Boat  Scale,  making 
their  own  terms  for  such  use  with  the  parties  owning  said 
scale,  and  that  any  boat  adopting  such  scale  is  hereby  exempt 

1  Adopted  June  16,  1870.  April  7,  1871,  the  canal  board  adopted  the  fol- 
lowing resolution  :  "  That  it  is  inexpedient  in  the  present  condition  of  the 
business  of  the  canals  to  appoint  patrolmen  under  act  chapter  55,  laws  of 
1870." 

*  Adopted  September  7, 1870. 


358 


CANAL  BOARD. 


Officials 
not  to  act 
as  agents. 


Closing 
opening  in 
bridge  at 
Buffalo. 


Tow- 
path,  Erie 
canal,  to 
be  kept 
clear  14 
feet  wide. 


from  weighing  at  the  weigh-lock,  unless  necessary  to  test  the 
accuracy  of  the  scale.1 

REG.  No.  81.  Hereafter  no  superintendent,  collector  of  canal 
tolls,  weigh-master,  clerk,  inspector  or  other  employee  of  the 
state  on  the  canals,  shall  act  as  agent  for  shippers,  or  freight- 
ing firms,  engaged  in  canal  commerce,  or  receive,  directly  or 
indirectly,  any  compensation  from  such  shippers  or  firms  for 
procuring  freight  boats,  nor  shall  it  be  lawful  for  such  employees 
to  influence  or  to  attempt  to  influence  the  destination  or  em- 
ployment of  such  boats,  and  the  auditor  is  requested  to  notify 
all  canal  officials  of  the  passage  of  this  resolution.4 

REG.  ~No.  82.  That  the  canal  commissioner  in  charge  of  the 
western  division  of  the  Erie  canal  be  and  he  is  hereby  reques- 
ted to  cause  all  openings  in  canal  bridges  at  Buffalo,  made  or 
used  for  the  purpose  of  freighting  canal  boats,  to  be  closed  up. 
and  that  canal  and  other  boats  in  said  city  be  no  longer  per- 
mitted to  ship  any  part  of  their  cargoes  through  openings  in 
said  bridges.3 

REG.  No.  83.  Whereas,  It  is  desirable  that  all  obstacles  to 
the  passage  of  teams  on  the  towing-path  of  the  Erie  canal 
should  be  removed,  and  that  said  towing-path  be  kept  clear  to 
the  full  width  of  fourteen  feet  wherever  it  is  practicable  ; 

Resolved,  That  each  and  every  superintendent  of  repairs  be 
and  he  hereby  is  directed  to  clear  and  keep  clear  the  said  tow- 
path,  throughout  its  whole  length,  of  every  object,  obstruction 
or  thing  not  legally  existing  thereon  ;  and  that  this  board  will 
forthwith  remove  any  superintendent  of  repairs  upon  its  being 
established  to  the  satisfaction  of  the  board,  upon  the  complaint 
of  any  person,  that  such  superintendent  has  willfully  or  with 
gross  negligence,  failed  to  obey  the  order  within  such  time  as 
may  be  reasonably  necessary  to  comply  with  the  same.* 

REG.  No.  84.  Whereas,  It  is  desirable  that  all  obstacles  to 
the  passage  of  teams  on  the  towing-path  of  the  Erie  and  Cham- 
plain  canals  should  be  removed,  and  that  said  towing-path  be 
kept  clear  to  the  full  width  of  fourteen  feet. 

Resolved,  That  each  and  every  superintendent  of  repairs  be 
and  he  hereby  is  directed  to  clear  and  keep  clear  the  said  tow- 
ing-path of  every  object,  obstruction  or  thing  not  legally  exist- 
ing thereon,  and  that  this  board  will  forthwith  remove  any 
superintendent  of  repairs  upon  the  complaint  of  any  person 
that  such  superintendent  has  willfully  or  with  gross  negligence 
failed  to  obey  the  order  or  carry  this  resolution  into  effect,  upon 
its  being  established  to  the  satisfaction  of  this  board. 

Resolved,  That  the  auditor  be  and  he  is  hereby  requested  to 
transmit  forthwith  to  each  superintendent  of  repairs  upon  the 
Erie  and  Chainplain  canals  a  copy  of  these  resolutions.* 

1  Adopted  March  3,  1871. 

*  Adopted  July  5,  1872. 

8  Adopted  August  23,  1872. 

*  Adopted  March  14,  1872. 

*  Adopted  April  17.  1873. 


BESOLUTIONS.  359 

KEG.  No.  85.  That,  whenever  a  break  occurs  upon  the  Erie, 
Oswego  or  other  important  canals,  the  auditor  shall  at  once 
telegraph  the  extent  of  the  break,  and  the  probable  time  it 
will  take  to  repair  the  same,  to  each  of  the  collectors'  offices 
upon  all  the  canals,  for  the  benefit  of  shippers  and  boatmen.1 

REG.  No.  86.  That  no  two  boats  or  floats  shall  be  moored 
or  lie  abreast  for  the  purpose  of  trans-shipping  cargoes  or  other- 
wise between  the  junction  of  Erie  and  Ohamplain  canals  and 
the  lower  Port  Schuyler  side  cut  at  West  Troy." 

Adopted. 


RESOLUTIONS  ADOPTED  BY  THE  CANAL  BOARD  IN  RE- 
LATION TO  POWERS  AND  DUTIES  OF  CERTAIN 
CANAL  OFFICERS,  ETC. 


1.    IN  RELATION  TO    COLLECTORS  AND  INSPECTORS. 

RES.  No.  1.  Every  collector  shall  produce  to  the  auditor  full 
vouchers  by  way  of  receipt,  from  all  persons  who  shall  be  em- 
ployed  by  him  as  clerks  in  his  office  ;  each  of  which  receipts  shall 
state  particularly  the  time  when  the  said  clerk  commenced 
service,  and  the  time  when  the  service  closed,  and  the  rate  of 
compensation  per  month  or  day  actually  paid,  and  shall  also 
produce  the  affidavit,  required  by  law,  of  the  actual  payment 
of  the  money  stated  in  such  receipt ;  and  no  allowance  shall  be 
made  to  any  collector  for  clerk  hire,  over  and  above  the  sum 
for  which  vouchers  shall  be  produced  showing  the  actual  pay- 
ment. 

[The  salary  of  a  collector,  as  fixed  by  the  canal  board,  is  in 
full  of  all  costs  and  expenses  of  his  office,  except  clerk  hire, 
office  rent,  necessary  expenditure  for  office  light,  and  fuel  not 
exceeding  twelve  dollars  (to  be  approved  by  the  canal  com-* 
missioner  in  charge),  postage  on  communications  to  the  canal 
department,  which,  in  all  cases,  should  be  prepaid,  and  neces- 
sary furniture.  The  canal  commissioner  is  to  be  consulted 
before  the  purchase  of  furniture  is  made.  Vouchers  for  fur- 
niture and  fuel  will  not  be  allowed,  unless  indorsed  with  the 
approval  of  the  acting  canal  commissioner  on  the  line  of  canal 
where  the  office  of  the  collector  is  located.] 

RES.  No.  2.  The  several  collectors  of  canal  tolls  will  be  re-  collector 
quired  to  give  their  personal  and  constant  attention   to  the  pe^on-*1 
duties  of  their  office,  and  to  reside  at  the  places  at  which  their  ally,  and 
offices  are  located,  during  the  season  of  navigation.     A  collector  where 
who  is  not  allowed  a  clerk  is  not  to  farm  out  his  office,  or  in 
any  way  to  employ  or  authorize  a  person  to  perform  his  duties 

'Adopted  May  28,  1873. 

2  Adopted  May  28,  1873.     See  proceedings,  July  29,  1873. 


360 


CANAL  BOARD. 


Duties  of 
collectors 
as  to  in- 
spectors. 


Not  to 

procure 

blanks. 


Collectors, 

ex  offlcto 
Inspectors. 


or  to  act  for  him,  except  in  cases  of  illness  or  unavoidable 
absence  from  his  office. 

RES.  No.  3.  Every  collector  who  is  allowed  clerks  shall  em- 
ploy competent  and  sufficient  persons  to  assist  in  the  perform- 
ance of  the  duties  of  their  respective  offices,  at  as  low  a  rate  of 
wages  as  such  clerks  can  be  procured,  without  any  reference  to 
the  price  at  which  those  wages  are  established  by  this  board ; 
but  no  collector  shall  be  allowed  for  a  greater  number  of  clerks 
than  is  fixed  by  the  board. 

RES.  No.  4r.  The  collectors  at  the  several  places  upon  the 
canals,  where  an  inspector  is  located,  shall  give  him  general 
directions  in  regard  to  the  services  to  be  performed  as  such  in- 
spector. The  collector,  from  his  examination  of  clearances, 
and  from  the  reports  received  from  weigh-masters,  &c.,  is  pre- 
pared to  judge  what  cargoes  should  be  carefully  inspected, 
what  tallied  off,  &c.,  and  he  shall  direct  such  inspector  to  the 
performance  of  such  services  as  in  his  opinion,  shall  be  most 
effective  in  detecting  carelessness  or  fraud  in  the  bill  of  lading 
or  otherwise.  The  collector  shall  keep  the  time  each  inspector 
is  actually  employed  in  the  duties  of  his  office,  not  counting  the 
time  in  which  such  duties  are  omitted,  neglected  or  carelessly 
or  negligently  attended  to,  and  shall  pay  each  inspector,  after 
the  expiration  of  each  calendar  month,  his  compensation  for 
services  rendered,  at  the  rate  fixed  by  the  canal  board  ;  and  the 
receipt  of  the  inspector,  specifying  the  number  of  days  or 
months,  as  the  case  may  be,  for  which  such  receipt  is  the  evi- 
dence of  payment,  and  the  date  from  which  to  which  the  re- 
ceipt covers,  with  the  collector's  certificate  as  to  the  correct- 
ness of  the  time  indorsed  thereon,  shall  be  the  voucher  of  the 
collector  for  such  payment. 

It  shall  be  the  duty  of  the  said  inspectors  to  examine,  under 
the  directions  of  the  several  collectors,  and  subject  to  such  reg- 
ulations as  may  be  prescribed  from  time  to  time  by  the  auditor 
of  the  canal  department,  all  canal  boats  and  their  cargoes  de- 
.parting  from  or  arriving  at  the  places  where  said  collectors' 
offices  are  located. 

No  inspector  shall  be  paid  except  for  time  actually  employed 
in  the  duties  of  his  office,  nor  unless  the  collector  at  the  place 
where  such  inspector  is  located  shall  certify  that  he  has  personal 
knowledge  that  such  inspector  has  been  actually  employed 
during  all  the  time  for  which  payment  is  claimed. 

Inspectors,  &c.,  are  authorized,  by  section  7  of  the  act  chap- 
ter 495,  Laws  of  1859,  to  administer  oaths  in  all  cases  connec- 
ted with  their  duties. 

RES.  No.  5.  No  collector,  weigh-master  or  other  officer  upon 
the  canals  shall  be  allowed  to  procure  blanks,  or  other  printing 
for  their  offices,  without  the  written  permission  of  the  auditor ; 
inasmuch  as  the  said  printing  is  to  be  done  by,  and  the  blanks 
are  to  be  furnished  from,  the  canal  department. 

RES.  No.  6.  All  collectors  of  tolls  upon  the  canals  are  con- 
sidered, and  each  of  the  said  collectors  is  hereby  declared  to 


RESOLUTIONS. 


361 


be,  ex  qffieio,  an  inspector  of  canal  boats  and  their  cargoes,  and 
that  it  is  the  express  duty  of  each  collector  and  his  clerks,  as 
far  as  their  office  duties  will  permit,  to  inspect  all  boats  arriv- 
ing at,  cleared  from  or  passing  his  office. 

RES.  No.  7.  Each  collector  of  canal  tolls  shall  deposit  daily  Collectors 
the  moneys  received  by  him,  as  such  collector,  for  tolls,  with-  daily?081* 
out^  selling  or  exchanging  any  portion  thereof,  in  the  bank 
designated  by  the  canal  board  as  the  place  of  deposit ;  and  in 
case  where  an  agent  is  appointed  by  the  deposit  bank,  the  col- 
lector shall  in  like  manner  deposit  daily  the  money  collected 
by  him  with  such  agent. 

RES.  No.  8.  No  collector  of  tolls,  superintendent  of  repairs  Canal  offi- 
or  other  officer  on  the  canals  shall  be  the  agent  of  any  bank  beltgents0 
for  the  purpose  of  receiving  any  tolls  directed  to  be  deposited  of  banks. 
in  such  bank.     Nor  shall  any  such  collector,  superintendent  or 
other  officer  on  the  canals  be  engaged  in  shipping  or  forward- 
ing freight  on  the  canals,  nor  act  as  agent  for  any  forwarder  or 
line  of  boats  carrying  freight  on  the  canals. 

RES.  No.  9.  The  office  of  the  collector  shall,  in  every  case,  Collector's 
be  in  a  separate  room,  in  which  no  other  business  shall  be 
transacted  than  that  which  is  connected  with  the  collection  of 
tolls ;  and  the  collector's  office  shall  not  be  connected,  by  a 
door  or  other  opening,  with  any  other  room  which  is  occupied 
as  a  grocery,  tavern  or  store,  or  for  vending  any  commodi- 
ties to  those  who  navigate  the  canals. 

RES.  No.  10.  Every  clerk  of  the  collector  shall,  before  he  Authority 
enters  on  his  duties,  take  and  subscribe  an  oath  or  affirmation  »duiyrau- 
that  he  will  faithfully  discharge  the  duties  of  collector's  clerk,  thorized," 

i       -i  i«  i  •        i  «i  •  i  •   i  jv  .'to  be  m- 

accordmg  to  the  best  ot  his  ability  ;  which  oath  or  amrmation  dorsed  on 
may  be  taken  before  any  officer  authorized  to  administer  oaths, 
and  shall  be  filed  in  the  canal  department.  Upon  the  oath  or 
affirmation  of  any  clerk  who  shall  be  authorized  by  a  collector, 
"  to  perform  all  the  duties  and  exercise  all  the  powers  legally 
appertaining  to  such  collector  in  his  absence,"  the  substance  of 
such  authority  shall  be  indorsed  by  the  collector  before  the. 
same  is  filed  in  the  canal  department. 

RES.  No.  11.  When  any  clerk,  duly  authorized  by  a  collector,  HOW  clerk 
shall,  in  the  performance  of  the  duties,  or  in  the  exercise  of 
the  powers  legally  appertaining  to  such  collector,  and  in  his 
absence,  be  required  to  affix"  his  name  to  any  paper,  he  shall, 
immediately  after  his  Christian  and  surname,  affix  the  follow- 
ing words  :  "  Clerk,  collector  absent ;"  and  when  the  collector 
is  in  his  office,  the  collector,  and  not  a  clerk,  shall  affix  his 
name  to  all  papers,  except  the  indorsements  on  the  back  of 
clearances. 

RES.  No.  12.  Where  a  collector  shall  authorize  more  than 
one  clerk  to  act  for  him  in  his  absence,  he  shall  in  the  indorse- 
ment  of  the  authority  which,  by  the  foregoing  resolution,  he 
is  to  make  upon  the  oath  of  said  clerk,  state  that  he  is  the  first, 
second  or  third  clerk,  as  the  case  may  be  ;  and  in  the_  absence 
of  the  collector,  each  clerk,  so  authorized  to  act  for  him,  shall 
46 


362 


CANAL  BOARD. 


Oswego 
clear- 


ances 


Oneida 
lake,  etc. 


act  in  the  order  of  his  designation ;  and  no  more  than  one 
clerk  shall  act  for  him  at  the  same  time.  If  the  first  clerk  be 
present,  he,  and  not  the  second  or  third  clerk,  shall  affix  his 
name  to  all  papers,  except  the  indorsement  of  clearances,  add- 
ing thereto,  "  First  clerk,  collector  absent."  If  the  collector 
and  first  clerk  be  absent,  the  second,  and  not  the  third  clerk,  to 
act.  And  the  third  clerk  is  only  to  exercise  the  powers  of  col- 
lector in  the  absence  of  the  collector  and  the  first  and  second 
clerks. 

RKS.  No.  13.  The  collectors  at  New  York,  Albany  and  West 
,  etc.  Troy  are  authorized  and  directed  to  clear  boats  and  property, 
destined  to  Oswego,  to  that  place,  and  receive  the  tolls  thereon  ; 
and  they  shall  keep  separate  accounts  of  Oswego  canal  tolls, 
and  make  returns  of  them  in  the  same  manner  as  of  Erie  and 
Charnplain  canal  tolls. 

RES.  No.  14.  The  collector  at  Higginsville  is  authorized  to 
collect  tolls,  upon  the  Erie  canal,  upon  all  property  which 
enters  the  Erie  canal  from  the  Oneida  Lake  canal,  and  upon 
the  Oneida  Lake,  Oneida  River  improvement  and  Oswego 
canals. 


Power  of 
auditor. 


To  pay 
money 
when  he 
takes 
receipt. 


To  give 

personal 

attention. 


To  settle 
every  two 
months. 


2.  APPOINTMENT    AND   REMOVAL   OF   COLLECTORS  AND  WEIGH- 

MASTERS. 

RES.  No.  15.  Collectors  of  canal  tolls  and  weigh-masters  and 
their  assistants  and  inspectors,  &c.,  shall  be  appointed  by  the 
canal  board,  and  shall  hold  their  offices  for  one  year ;  but  may 
be  removed  at  any  time  by  such  board. 

RES.  No.  16.  The  auditor,  when  the  canal  board  is  not  in 
session,  shall  also  have  power  to  remove  any  of  the  said  col- 
lectors and  weigh-masters,  and  their  assistants  and  inspectors, 
&c.,  and  shall  report  his  reasons  therefor  to  the  canal  board  at 
their  next  meeting ;  and  he  shall  also  have  the  power  to  fill 
the  vacancy  occasioned  by  such  removal  until  the  action  of  the 
board. 

3.    IN  RELATION  TO  SUPERINTENDENTS  AND  THEIR  EMPLOYEES. 

RES.  No.  17.  No  superintendent  of  repairs  shall  under  any 
circumstances  whatever,  take  a  receipt  for  labor  done,  services 
performed  or  materials  furnished1  for  the  canals,  where  the 
money  shall  not  be  actually  paid. 

RES.  No.  18.  The  several  superintendents  of  canal  repairs 
are  required  to  give  their  personal  and  constant  attention  to  the 
duties  of  their  office. 

RES.  No.  19.  Each  superintendent  shall,  as  far  as  practica- 
ble, settle  all  his  accounts  once  in  two  months,  taking  receipts 
only  for  such  payments  as  shall  have  been  actually  made  ;  and 
he  shall  furnish  the  commissioner,  having  charge  of  that  divi- 
sion of  the  canals  on  which  his  section  is  located,  with  a  sepa- 
rate abstract  of  the  accounts  unpaid  [a  copy  of  which  shall  be 
sent  to  the  canal  department,  with  the  accounts  of  the  superin- 


RESOLUTIONS.  353 

tendent,]  and  pay  the  same  immediately  after  receiving  his  next 
advance,  if  then  due. 

RES:  No.  20.  Every  superintendent  shall  open  an  account  TO  keep  a 
as  superintendent,  and  _  distinct  from  his  individual  concerns,  account  as 
with  some  bank,  in  which,  from  time  to  time,  shall  be  depos-  superin- 
ited  the  money  received  from  the  auditor;  and  he  shall  im- 
mediately inform  the  auditor,  and  the  commissioner  in  charge, 
what  bank  he  has  selected  for  keeping  his  official  account,  and 
the  bank  so  selected  shall  not  be  changed  without  their  con- 
sent.    He  shall  cause  his  bank-book  to  be  written  up  as  often 
as  once  in  each  month,  and  at  all  times  when  he  shall  apply  to 
such  commissioner  to  have  his  accounts  certified ;  and  he  shall 
at  all  times,  on  request,  exhibit  his  bank-book  to  such  commis- 
sioner, who  may  at  any  time  examine  the  official  account  of 
such  superintendent  at  the  bank. 

RES.  No.  21.  No  superintendent  or  foreman,  or  other  per-  Not  to  fur- 
son  employed  to  take  charge  of  any  work  on  the  canals,  or  £!amsnof 
officer  on  the  canals,  shall  furnish  any  teams,  boats,  carriages,  "is  own, 
materials  or  other  thing  belonging  to  himself,  for  the  use  of  thos™be°-y 
the  public,  or  of  any  canal ;  or  employ  or  contract  for  the  same  [^public 
when  owned  by  any  member  of  his  family,  or  by  any  foreman  ^privat€ 
or  lock-tender ;  or  employ  any  member  of  his  family  on  the 
canal ;  or  employ  any  teams,  carriages,  boats,  materials  or  other 
thing  belonging  to  the  public  for  any  private  use  or  purpose. 

RES.  No.  22.  And  no  officer  on  the  canals,  or  holding  any  Not  to  be 

•    ,  1,1  i  •     •  P  9i  interested 

appointment  under  the  canal  commissioners  or  any  of  them,  m  con- 
or  under  any  superintendent,  shall  either  directly  or  indirectly,  tracts'  etc 
be  interested  in  any  contract  for  labor,  materials  or  other  thing 
connected  with  the  canals,  and  shall  not,  either  directly  or  in- 
directly, derive  any  benefit  from  the  annual  expenditures  on 
the  canals  beyond  his  established  compensation. 

RES.  No.  23.  No  superintendent  of  repairs,  clerk  of  a  super-  Not  to 

.    ,  ,,  *  i   -,  i     TI     •  board 

intendent,  foreman  or  overseer  of  laborers,  shall,  in  any  way,  laborers, 
be  interested  in  boarding  laborers  on  the  canals. 

RES.  No.  24.  No  superintendent  of  repairs  shall  sell  to  any  ^ 
lock-tender,  foreman  or  laborer  upon  the  canals,  any  articles  of  ere." 
property  of  any  kind  whatsoever. 

RES.  No.  25.  No  lock-tender  on  the  canals  shall  keep  or  in  Lock- 

,.,,..  ii   tenders 

any  way  be  interested  m  any  inn,  tavern  or  grocery,  nor  sell  not  to  sell 
or  be  interested  in  the  sale  of  any  articles  of  property  whatso-  K°ods- 
'ever,  to  any  person  navigating  or  traveling  on  the  canals. 

RES.  No.  26.  That  it  is  the  duty  of  every  superintendent  of  superm- 
repairs  and  of  all  persons  in  his  employ,  to  assist  floats  whose  ^sistnt 
progress  is  obstructed  by  bars  or  low  water  in  a  canal,  and  to  boats- 
assist  in  the  unlading  of  any  sunken  boat  which  obstructs  or 
which  threatens  to  obstruct  the  navigation  of  a  canal ;  and  the 
expense  of  any  such  assistance  shall  be  forthwith  paid  to  the 
superintendent,  and  the  moneys  received  therefor  accounted 
for  by  him  to  the  state,  in  his  "monthly  abstract ;  and  neither 
the  float  or  cargo  shall  be  allowed  to  proceed  any  further  until 
such  expense  is  paid,  excepting,  however,  that  no  charge  shall 


CANAL  BOARD. 


Bank  not 
to  advance 
on  ac- 
count. 


As  to 
repair 
contracts. 


Superin- 
tendents 
to  traverse 
line  twice 
a  month 
and  ascer- 
tain depth 
of  water. 


To  sue  for 
penalties. 


To  enforce 
chapter 
813  of  1860. 
Bee  §  600. 


be  made  or  required  to  be  paid  for  assisting  floats  whose  pro 
gress  is  obstructed  by  bars  or  low  water,  and  whose  draught 
of  water,  when  thus  obstructed,  does  not  exceed  the  limits 
prescribed  by  the  regulations  of  the  canal  board. 

RES.  No.  27.  No  superintendent  of  repairs  will  be  allowed 
to  keep  his  official  account  at  a  bank  which  shall  advance  to 
him  money  beyond  the  amount  for  which  the  bank  shall  have 
advice  from  the  canal  department  that  the  superintendent's 
draft  on  the  auditor  will  be  paid. 

RES.  No.  28.  It  is  the  duty  of  the  superintendents  of  repairs 
to  supervise  and  superintend,  tinder  the  directions  of  the  canal 
commissioners,  the  execution  of  the  contracts  for  repairs  of  the 
canals  within  their  respective  superintendencies,  designated  in 
the  resolutions  of  appointment,  and  generally  to  do  and  per- 
form all  such  services  in  relation  thereto,  as  may  be  required 
of  or  enjoined  upon  them,  and  also  to  examine  and  ascertain 
whether  the  several  repair  contractors  have  and  do  execute  and 
perform  all  and  singular  the  conditions,  provisions  and  obliga- 
tions of  their  several  contracts ;  and  to  report  all  deficiencies 
and  delinquencies  to  their  respective  commissioners  in  charge, 
and  to  the  auditor  of  the  canal  department  as  often  as  they 
may  deem  it  necessary  to  do  so,  and  as  often  as  they  may  be 
required  by  any  resolution  of  this  board,  or  by  the  auditor  of 
the  canal  department. 

RES.  No.  29.  It  is  the  duty  of  the  said  superintendents  to 
traverse  the  whole  line  of  the  canal  under  their  charge,  twice 
in  each  month,  to  examine  and  ascertain  the  depth  of  water 
on  each  of  the  levels,  on  such  part  of  the  canal,  and  report  the 
same  to  the  commissioner  in  charge,  and  to  the  auditor  of  the 
canal  department,  once  in  each  month  during  the  season  of 
navigation ;  and  also  whether  any  more  water  is  taken  into 
any  levels  on  either  of  the  canals  than  will  be  sufficient  to  sup- 
ply such  levels  with  water  during  the  days  of  the  greatest  busi- 
ness ;  and  also  to  supply  any  other  level  of  the  canal,  depend- 
ent for  a  supply  of  water  upon  such  level ;  and  also  whether 
the  several  reservoirs  and  feeders  under  their  charge  are  well 
and  properly  attended  to,  and  the  waters  therein  preserved  for 
the  purposes  of  navigation. 

RES.  No.  30.  It  is  also  the  duty  of  the  said  superintendents 
to  give  their  particular  attention  to  the  provisions  of  law  for 
the  protection  and  maintenance  of  the  canals  of  this  state,  con- 
tained in  article  9,  title  9,  part  1  of  the  Revised  Statutes  of 
this  state,  and  they  are  hereby  authorized,  empowered  and 
directed  to  prosecute,  in  the  name  of  the  people  of  this  state, 
for  all  penalties  incurred  for  a  violation  of  any  of  the  provisions 
of  the  said  article. 

RES.  No.  31.  The  said  superintendents  must  give  their 
special  attention  to  the  injunctions  of  the  fifth  section  of  the 
act  chapter  213,  of  the  Laws  of  1860,  and  in  cases  of  the  vio- 
lation of  the  provisions  of  the  said  section  coming  to  their 
knowledge,  it  will  be  their  duty  to  report  the  same  to  the  com. 


RESOLUTIONS.  355 

missioner  in  charge,  and  to  the  auditor  or  the  canal  depart- 
ment. 

[That  this  board  will  forthwith  remove  any  superintendent  TO  publish 
of  repairs  who  shall  willfully  neglect  to  comply  with  the  pro-  ^JL, 

•     •  n        i  **  r\        (*      i  i  ~r  n    -*  /-*  *  ttUotrtlCli 

visions  ot  chapter  o2  01  the  Laws  ot  18o3,  requiring  a  publi-  monthly, 
cation  or  filing  of  a  monthly  abstract  of  his  official  disburse-  S< 
inents;    and   in   case   said  abstract   shall  be  filed   instead  of 
published,  such    superintendent   shall  state  in  his  certificate 
transmitted  to  the  auditor,  under  section  4  of  said  act,  that  he  is 
satisfied,  upon  a  careful  examination,  that  no  newspaper  in  the 
counties  through   which  his  section  passes  will  publish  said 
abstract  for  the  prices  allowed  by  law.1] 

4.    IN   RELATION   TO    WEIGH-MASTER8. 

KES.  No.  32.   When  a  weigh-master  is  at  his  lock,  he,  and  weigh- 
not  his  assistant,  shall  affix  his  name  to  all  clearances,  certifi-  ™^*hi8to 
cates  and  papers  requiring  such  authentication  ;  and  that  in  name- 
his  absence  from  his  lock,  his  assistant  may  affix  his  own  name 
in  lieu  of  that  of  the  weigh-master,  with  the  addition  of  these 
words :  "  Assistant,  W.  M.,  absent." 

RES.  No.  33.  Every  assistant  of  a  weigh-master  shall,  before  Authority 
he  enters  on  his  duties,  take  and  subscribe  an  oath  or  affirma-  ant^duf 
tion  that  he  will  faithfully  discharge  the  duties  of  assistant  autho- 
weigh-master,  according  to  the  best  of  his  ability  ;  which  oath  betn- 
or  affirmation  may  be  taken  before  any  officer  authorized  to  hisoath0.11 
administer  oaths,  and  shall  be  filed  in  the  canal  department. 
Upon  the  oath  or  affirmation  of  any  assistant,  who  shall  be 
authorized  by  a  weigh-master  to  perform  the  duties  of  weigh- 
master  in  his  absence,  the  substance  of  such  authority  shall  be 
indorsed    by  the  weigh-master,   before  the  same  is   filed  in 
the  canal  department. 

RES.  No.  34.    The  weigh-masters  and   their  assistants,  at  weigh- 
Albany,  West  Troy,  Utica,  Syracuse,  Rochester  and  Water-  SSttfta!" 
ford,  are  authorized  and  required  to  examine  canal  boats  and  spectors. 
their  cargoes,  under  the  direction  of  the  collectors. 

RES.  No.  35.  Every  weigh-master  shall  also  keep  in  his  office  Register 
an  alphabetical  register,  in  which  he  shall  enter  the  name  of 
every  boat  weighed  at  his  weigh -lock,  the  date  when  weighed, 
the  light  weight  of  the  boat,  and  the  measure  of  the  water  in 
the  boat  at  the  time  of  such  weighing,  and  shall  send  to  every 
other  weigh-master,  weekly,  a  list  of  all  boats  so  weighed 
light,  ending  respectively  on  the  7th,  14th,  22d  and  last  days 
of  each  month,  and  after  such  form  as  shall  be  prescribed  by 
the  auditor  of  the  canal  department ;  which  list  shall  be  copied 
into  their  register  of  light  weights  immediately  after  its 
receipt. 

1  Adopted  May  22,  1872.     As  to  keeping  the  tow-path  of  the  Erie  and 
Champlain  canals  clear  to  the  width  of    14  feet,  see  regulation  No.  84, 

ante. 


366 


CANAL  BOARD. 


Weigh- 
masters 
authorized 
to  admin- 
ister 
oaths. 
Certain 
penalties 
reduced. 


The  duties  of  assistant  weigh-masters  shall  be  performed  by 
them  under  the  rules  and  direction  of  the  weigh-masters 
respectively,  whose  assistants  they  are,  and  that  it  shall  be  the 
duty  of  the  weigh-masters  to  report  any  insubordination,  neg- 
lect of  duty,  or  misconduct  in  office  of  such  assistant  weigh- 
master  to  the  auditor,  who.  if  satisfied  of  the  truth  of  such 
charge,  may  suspend  such  assistant  until  the  next  meeting  of 
the  board,  and  appoint  another  in  the  mean  time  to  perform 
the  duties  of  said  office  until  the  action  of  the  board  thereon. 

Section  15,  page  318,  of  Laws  of  1847,  authorizes  weigh- 
masters  to  administer  oaths  in  all  cases  connected  with  their 
duties. 

RES.  No  36.  Pursuant  to  section  5,  of  chapter  451,  of  the 
Session  Laws  of  1837,  which  authorizes  the  canal  board  to 
modify  or  reduce  any  of  the  penalties  imposed  by  article  seven 
of  chapter  nine,  title  nine,  of  the  first  part  of  the  Revised 
Statutes,  that  the  penalties  imposed  by  sundry  sections  of  the 
article  referred  to,  be  reduced  as  follows,  viz.  r1 

Penalty  imposed  by  section  No.  119,  from  $25  to 


124, 
130, 
143, 
147, 
159, 
160, 
162, 
163, 


25 
25 
25 
25 
25 
25 
25 
25 


10 
10 
15 
10 
10 
5 

10 
10 


SPECIAL  REGULATIONS   RELATIVE   TO    LUMBER. 

RES.  ~No.  38.  The  collectors  of  canal  tolls  at  Rochester,  Syra- 
cuse and  Utica,  where  a  boat  having  on  board  sawed  lumber 
or  cord  wood,  which  has  been  cleared  either  by  count,  meas- 
urement or  weight,  is  unloaded  at  either  of  said  offices,  and  the 
collectors  of  canal  tolls  at  Waterford,  West  Troy  and  Albany, 
in  every  instance  where  a  boat  having  on  board  sawed  lumber 
or  cord  wood,  shall  pass  into  the  Hudson  river,  or  where  the 
cargo  is  unloaded  at  either  of  said  offices,  which  has  not  been 
measured  or  counted  by  either  of  them,  shall  require  the  mas- 
ter or  owner  to  produce  the  certificate  of  a  city  inspector  or 
measurer  before  a  new  clearance  is  granted  to  said  boat,  stat- 
ing the  count  or  measurement  of  the  quantity  of  each  kind  of 
lumber  in  feet,  and  the  number  of  cords  of  wood  of  which  said 
cargo  was  composed ;  and  every  such  inspector  or  measurer 
may  give  his  certificate  upon  his  own  personal  inspection  of 
the  count  or  measurement ;  or  he  may  give  his  certificate  upon 
the  written  statement  of  the  owner  or  consignee  of  said  wood 
or  lumber,  which  statement  shall,  in  all  cases,  be  accompanied 


1  Adopted  March  14, 1838. 
ed.  R.  S. 


The  references  to  "  Sections,"  are  to  the 


RESOLUTIONS. 

with  an  affidavit  of  the  measurement  or  count  from  a  person 
of  a  good  character,  and  a  competent  measurer  of  lumber  or 
wood,  in  the  following  form,  viz. : 

I?  of  ,  do  swear  that  I  have  measured  the  entire 

cargo  of  the  boat  of  ,  of  which  is  master, 

and  that  the  following  is  a  true  statement  or  bill  of  the  num- 
ber of  pieces,  and  the  quantity  in  board  measure,  where  the 
pieces  were  not  less  than  one  inch  thick,  and  the  number  of 
pieces  and  the  quantity  in  surface  measure,  where  the  pieces 
were  less  than  one  inch  thick,  of  each  kind  of  lumber  compris- 
ing said  cargo,  viz. : 

[Here  give  the  quantity  of  each  kind  of  lumber  in  feet.] 

And  I  do  further  swear,  that  where  the  were  not  of 

uniform  length  or  width,  I  measured  each  piece,  and  have 
given  the  true  contents  of  the  whole,  having  made  no  deduc- 
tion for  defective  lumber. 
Sworn  before  me,  this  ) 

day  of  ,187     .  j 

And  the  collector  may  also  require  the  master  of  the  boat  to 
add  his  oath  to  the  certificate  of  the  lumber  inspector,  as  fol- 
lows: 

I,  A  B,  master  of  the  boat  ,  of  ,  do  swear,  that 

no  part  of  the  lumber  embraced  in  the  bill  of  lading  and  clear- 
ance was  taken  from  said  boat,  from  the  time  said  clearance 
and  bill  of  lading  were  given  to  me,  until  the  same  was  un- 
loaded at  ,  on  the  day  of  ,  187  . 

[If  lumber  has  been  previously  unloaded  from  same  cargo, 
state  the  kind,  quantity,  and  place  of  unloading.] 
Sworn  before  me,  this  ) 

day  of  ,187     .  j 

RES.  No.  39.  And  the  certificate  of  the  said  city  inspector 
shall  certify  on  what  evidence  his  certificate  is  given,  and  such 
certificate  and  evidence  shall  be  carefully  preserved  in  the  col- 
lector's office ;  and  in  every  instance  where,  in  the  opinion  of 
the  collector,  this  certificate  cannot  be  furnished,  or  where  he 
shall  have  any  doubts  that  such  certificate  includes  the  whole 
amount  of  said  cargo,  he  shall  administer  an  oath  to  the  mas- 
ter or  owner  of  the  boat,  in  relation  to  the  correctness  of  his 
clearance. 

RES.  No.  40.  The  bill  of  lading  of  each  boat  loaded  with 
lumber,  and  destined  to  New  York,  must  be  verified  in  the 
following  manner,  to  entitle  such  boat  to  a  clearance,  viz. : 

1.  Where  the  master  does  not  superintend  the  loading  of 
the  boat,  the  shipper,  or  some  person  who  has  had  such  super- 
intendence, must  swear  to  the  correctness  of  the  bill  of  lading, 
as  follows : 

I,  ,  of  the  town  of  ,  do  swear  that  I  superin- 

tended the  loading  of  the  boat  ,  of  ,  of  which 

is  master,  at  ,  and  that  the  above  is  a  true  bill  of 


868  CANAL  BOARD. 

lading  of  said  boat,  and  gives  the  number  of  feet  in  board 
measure,  where  the  boards  are  not  less  than  one  inch  thick, 
and  the  number  of  feet  in  surface  measure,  where  the  boards 
are  less  than  one  inch  thick ;  and  that  no  articles  of  freight  of 
any  kind,  other  than  those  specified  in  said  bill,  were  put  on 
board  of  said  boat  up  to  the  time  that  took  charge  of  the 

boat  as  master. 

Sworn  before  me,  this  ) 

day  of  ,187     .  } 

The  master  of  the  boat  will  be  required  to  make  the  follow- 
ing oath : 

1,  A  B,  master  of  the  boat  ,  of  ,  do  swear,  that 
no  addition  has  been  made  to  the  cargo  of  said  boat  since  the 
bill  of  lading  and  affidavit  annexed  were  delivered  to  me,  and, 
according  to  the  best  of  my  knowledge  and  belief,  the  said  bill 
represents  truly  all  the  freight  on  board  of  said  boat. 
Sworn  before  me,  this 

day  of  ,  187 

2.  Where  the  master  superintends  the  loading  of  the  boat, 
the  bill  of  lading  may  be  signed  by  the  shipper,  and  be  verified 
by  the  oath  of  the  master,  as  follows : 

I,  ,  master  of  the  boat  ,  of  ,  do  swear  that 

I  superintended  the  loading  of  the  boat  ,  of  ,  at 

,  and  that  the  above  is  a  true  bill  of  lading  of  said  boat, 
and  gives  the  number  of  feet  in  board  measure,  where  the 
boards  are  not  less  than  one  inch  thick,  and  the  number  of 
feet  in  surface  measure,  where  the  boards  are  less  than  one 
inch  thick ;  and  that  no  articles  of  freight  of  any  kind  are  on 
board  of  said  boat,  other  than  those  specified  in  the  bill  of 
lading  now  presented  to  obtain  a  clearance. 
Sworn  before  me,  this 

day  of  ,  187 

RES.  No.  41.  Each  boat  destined  to  New  York  shall  be  fur- 
nished with  a  duplicate  of  its  bill  of  lading,  which  must  be  left 
with  the  collector  at  the  place  where  it  enters  the  Hudson 
river. 

RES.  No.  42.  In  the  measurement  of  timber  to  be  floated  on 
the  canals,  bark  adhering  to  the  wood,  and  refuse  stuff,  are  to 
be  estimated  as  forming  part  of  the  timber,  and  to  be  rated 
accordingly ;  and  the  inspectors  are  instructed  to  make  their 
measurements  according  to  these  directions. 

RES.  No.  43.  Whenever  cord  wood  or  sawed  lumber  shall  be 
delivered  to  more  than  one  owner  or  consignee,  from  the  same 
cargo,  the  master  of  such  boat  shall  deliver  to  a  canal  boat  in- 
spector a  statement,  from  each  owner  or  consignee,  of  the 
quantity  in  feet  of  each  kind  of  lumber,  and  the  number  of 
cords  of  wood  received  by  him  from  such  cargo,  and  such 
statement  shall  be  accompanied  by  an  affidavit  such  as  is  first 
above  prescribed,  omitting  the  words  "  entire  cargo,"  and  sub- 


FORM  OF  BILLS  OF  LADING  AND  CLEARANCE.  369 

stituting  therefor  "  all  of  that  portion  of  said  cargo  delivered 
to  (here  insert  the  owner  or  consignee's  name),"  and  every 
master  who  shall  violate  the  provisions  of  this  regulation  shall 
forfeit  the  sum  of  ten  dollars. 

RES.  No.  44.  Whenever  a  cargo  of  cord  wood  or  sawed  lum- 
ber, or  any  portion  thereof,  is  unloaded  at  a  place  where  there 
is  no  collector,  the  master  of  said  boat  shall  attend  to  the  meas- 
urement of  said  lumber  or  wood  when  it  is  delivered,  and  it 
shall  be  the  duty  of  said  master  to  deliver  to  the  nearest  col- 
lector, or  the  collector  next  in  order  on  his  passage,  a  statement 
showing  the  kind  or  kinds  and  quantity  of  all  the  lumber  in 
feet,  and  the  number  of  all  the  cords  of  wood  so  unloaded, 
which  statement  shall  be  sworn  to  before  the  collector  to  whom 
it  is  delivered ;  and  every  master  who  shall  violate  the  provis- 
ions of  this  regulation  shall  forfeit  the  sum  of  ten  dollars. 


FORM  OF  BILLS  OF  LADING  AND  CLEARANCE. 


BILLS  OF  LADING. 

[Coll'r  No.  2,  1871.] 

ftZjT  The  collector  will  give  the  following  form  for  a  bill  of 
lading,  and  the  instructions  for  making  it  out  the  master  of 
each  boat,  which  master  should  preserve  it  as  a  guide  for  him 
in  making  out  his  shipping  bill. 

Part  1st,  Chap.  IX,  Title  IX,  Art.  7,  Sec.  No.  121,  Rev.  Stat. 
(canal  laws),  as  amended  by  the  laws  of  1859,  ch.  16,  requires 
that  the  master  of  a  boat  conveying  property  on  the  canals,  shall 
have  made  out,  and  shall  exhibit  a  just  and  true  account,  or 
bill  of  lading,  of  all  the  property  constituting  the  lading  of  this 
boat ;  and  that  such  bill  of  lading  shall  be  signed  by  the  mas- 
ter of  the  boat,  and  also  by  the  consignor  of  the  property. 
This  bill  of  lading  is  to  contain  : 

1st.  The  name^  of  each  place  at  which  any  of  the  property 
upon  the  bill  of  lading  was  shipped  and.the  name  of  the  place 
for  which  it  is  intended  to  be  cleared. 

2d.  A  statement  of  the  names,  description  and  weight  of  all 
the  articles  upon  the  bill  of  lading  on  which  toll  is  charged 
by  the  ton.  A  statement  of  the  number  of  articles  on  which 
toll  is  charged  by  the  number.  A  statement  of  the  feet  of 
articles  on  which 'toll  is  charged  by  the  foot. 

3d.  A  specification  of  the  weight,  number  of  measure  of 
each  article,  where  different  rates  of  toll  are  chargeable  upon 
the  different  articles  upon  the  bill  of  lading. 

This  bill  of  lading  is  to  be  given  to  the  collector,  and  from 
it  he  makes  out  the  clearance,  and  returns  the  bill  of  lading  to 
the  master,  who  is  to  exhibit  it  to  all  the  collectors  whose 

47 


370 


CANAL  BOARD. 


offices  are  passed  by  his  boat.  If  in  the  course  of  his  passage, 
any  other  articles  are  taken  on  board,  the  master  must  ascer- 
tain the  number  or  weight  of  such  articles  and  enter  them  on 
the  bill  of  lading.] 

The  following  is  given  as  the  form  of  a 


BILL  OF  LADING. 


A  just  and  true  account  or  Bill  of  Lading  of  all  the  arti- 
cles shipped  on  hoard  of  the    Canal  Boat  of 
whereof            is  the  Master  for  this  present  passage,  viz.: 


When  and  Where 
Shipped. 

Description  of 
Articles. 

Short 
Weight. 
Pounds. 

Aggregate 
Weight- 
Pounds. 

Where  artf- 
cles  are  to 
be  left. 

« 

Dated  at 
(Signed) 


this 


day  of 


187. 


Master. 
Consignor. 


CLEARANCE. 


COLLECTOR'S  OFFICE  } 


187. 


No.— 
is  Master, 


Cleared  Boat  of  whereof 

for  this  present  passage,  laden  as  follows: 

Collector. 

This  Boat  drew  feet  and  inches  of  water  when 

cleared. 


Cargo. 

Where 
from. 

Where 
bound. 

Weight, 
Ibs. 

Miles. 

Rates. 

i 
Tolls, 
Dols. 

Cts. 

FORM  AND  DIRECTIONS. 


FORM  AND  DIRECTIONS 

FOR  SUPERINTENDENTS'  MONTHLY  ABSTRACT 
OF  DISBURSEMENTS, 

Prescribed  by  the  Auditor  of  the  Canal  Department  in  1873, 
under  the  provisions  of  chapter  fifty-two  of  the  Laws  of 
eighteen  hundred  and  fifty-three  (§§  638-642  of  this  Manual), 
for  the  publication  or  filing,  by  canal  superintendents,  of 
monthly  abstracts  of  official  disbursements. 

Abstract  of  disbursements  made  by  Superin- 
tendent of  repairs  for  section  of  the  canal, 
during  the  month  of  187  . 

bated                     N.  Y.  187    . 

1.    FOR   LABOR.* 


To  whom  paid. 

No.  of  days. 

Price  per  day. 

Total  paid. 

*  DIRECTIONS. 

Make  this  a  complete  abstract  of  every  payment  of  money  for  which  a 
voucher  is  taken,  made  during  the  month,  without  reference  to  the  dates 
•when  the  labor  was  performed  or  materials  furnished. 

This  list  should  include  the  name  of  every  person  to  whom  payment  la 
made  for  services  of  anv  kind,  on  or  for  the  section. 


372 


CANAL  BOARD. 

2.    FOK   TOOLS    AND   MATERIALS.  * 


To  whom  paid. 

Kind  and  quantity. 

Price. 

Amount. 

Total  amount  of  A 

bstract 

$ 

*  Where  a  bill  paid  is  less  than  $10,  the  quantity  and  price  need  not  be 
stated.  Insert  simply  the  name,  the  kind  of  materials  and  the  amount 
paid. 

For  bills  over  $10,  where  the  items  do  not  exceed  three,  insert  the  quan- 
tity, price  and  amount  of  each  item. 

When  a  bill  embraces  more  than  three  items,  insert  the  kind,  quantity, 
price  and  sum  paid  for  the  three  articles  in  the  bill  of  the  largest  amount, 
and  then  add  "  For  Sundries,"  for  the  remainder  of  the  bill. 

To  be  verified  by  oath  of  Superintendent. 

STATE  OF  NEW  YORK, ) 

/-i  }•  ss : 

COUNTY,  j 

,  being  duly  sworn,  says,  that  he  is  super- 
intendent of  repairs  of  section  of  the  canal, 
and  that  the  foregoing  abstract  of  official  disbursements,  made 
by  him,  pursuant  to  chapter  52,  of  the  Laws  of  1853,  is  in  all 
respects  a  just  and  true  account  of  all  the  moneys  paid  out  by 
him  as  such  superintendent  on  and  for  said  repair  section, 
during  the  month  of                             187     . 
Subscribed  and  sworn  before  me,  \ 
this            day  of             187    .  f 


RATES  OF  TOLL  FOR  THE  YEAR  1852, 

Established  by  the  Canal  Board  on  persons  and  property  transported 
on  the  canals  of  this  state,  and  referred  to  in  the  amendment,  adopted 
in  1854,  to  the  Constitution,  Art.  YII,  §  3,  as  follows : 

"  The  rates  of  toll  on  persons  and  property  transported  on  the  canals 
shall  not  be  reduced  below  those  for  the  year  one  thousand  eight  hun- 
dred and  fifty-two,  except  by  the  canal  board,  with  the  concurrence 
of  the  legislature." 

TOLL   SHEET,   1852. 

Provisions,  etc. 

cts.  in.  fr. 

1.  On  salted  beef,  butter,  tallow,  beer,  cider  and  vinegar,  per  1,000  pounds 

per  mile 0    3     0 

2.  On  salted  pork,  bacon,  lard  and  oil,  grease  and  cheese,  per  1,000  pounds 

per  mile 0     1     5 

3.  On  salted  fish  and  fish  in  brine,  per  1,000  pounds  per  mile 0    4    0 

4.  On  bran  and  ship  stuff,  and  oil  cake  or  oil  meal,  in  bulk,  per  1 ,000  pounds 

per  mile 0    2    0 

Iron,  Minerals,  Ores,  etc. 

5.  On  salt,  manufactured  in  this  state,  per  1,000  pounds  per  mile 010 

6.  On  foreign  salt,  per  1,000  pounds  per  mile 0    5    0 

7.  On  gypsum,  the  product  of  this  state,  per  1,000  pounds  per  mile 0    1     0 

8.  On  foreign  gypsum,  per  1,000  pounds  per  mile 0    3    0 

9.  On  bloom,  scrap  and  pig  iron,  broken  castings,  gas  pipes  and  water  pipes, 

per  1 ,000  pounds  per  mile 0    2    0 

10.  On  brick,  sand,  lime,  clay,  earth,  manure,  iron  ore,  pig  and  smelted  cop- 

per, and  stone  for  the  manufacture  of  lime,  per  1,000  pounds  per  mile,    010 

11.  On  leached  ashes  and  bones  for  manure,  per  1,000  pounds  per  mile 005 

12.  On  pot  and  pearl  ashes,  window  glass,  barilla  and  bleaching  powders, 

kelp,  soda  ash,  and  copperas  and  manganese,  per  1,000  pounds  per  mile,    045 

13.  On  mineral  coal  and  charcoal,  per  1,000  pounds  per  mile 0    0    0 

14.  On  stoves,  iron  car  wheels  and  car  axles,  bed  plates  for  steam  engines, 

plough  castings,  and  all  other  iron  castings,  except  machines  and  the 

parts  thereof,  per  1,000  pounds  per  mile 0    3    0 

15.  On  bar  and  pig  lead,  going  toward  tide-water,  and  copper  ore,  per  1,000 

pounds  per  mile 0    0    5 

16.  On  stove  pipe  and  furniture  for  stoves,  not  cast  iron,  per  1,000  pounds 

permile 060 

Furs,  Peltry,  Skins,  etc. 
17   On  furs  and  the  skins  of  animals  producing  furs,  per  1,000  pounds  per 

mile 1     °    ° 

18.  On  deer,  buffalo  and  moose  skins,  per  1,000  pounds  per  mile ' 

19.  On  sheep  skins,  per  1,000  pounds  per  mile 040 


374  CANAL  BOARD. 

cts.  m.  fr. 

20.  On  green  hides  of  domestic  animals  of  the  United  States,  per  1,000  pounds 

per  mile 0    3    0 

21.  On  imported  raw  hides  of  domestic  and  other  animals,  per  1,000  pounds 

per  mile 0    5    0 

Furniture,  etc. 

22.  On  household  furniture,  accompanied  by  and  actually  belonging  to  fami- 

lies emigrating,  per  1,000  pounds  per  mile 0    3    0 

23.  On  carts,  wagons,  sleighs,  plows  and  mechanics'  tools  necessary  for  the 

owner's  individual  use,  when  accompanied  by  the  owner,  emigrating 

for  the  purpose  of  settlement,  per  1,000  pounds  per  mile 0    3    0 

Stone,  Slate,  etc. 

24.  On  tile  for  roofing  and  stoneware,  per  1,000  pounds  per  mile 0    4    0 

25.  On  slate,  all  stone  wrought  or  partly  wrought,  fire-proof  cement,  and 

drain  tile,  per  1,000  pounds  per  mile 0    2    0 

26.  On  un wrought  stone,  per  1,000  pounds  per  mile 0    1    5 

Lumber,  Wood,  etc. 

27.  On  timber,  squared  and  round,  per  100  cubic  feet  per  mile,  if  carried  in 

boats 0    4    0 

28.  On  the  same,  if  carried  in  rafts,  per  100  cubic  feet  per  mile. 1    0    0 

29.  On  the  same,  if  cleared  after  the  1st  of  June,  and  arriving  before  the 

15th  of  August,  inclusive,  per  100  cubic  feet  per  mile 0    7    0 

30.  On  lumber  carried  in  boats,  when  weighed,  per  1,000  pounds  per  mile, 

viz. : 

1.  On  white  pine,  white-wood,  bass-wood  and  cedar 0    1    5 

2.  On  oak,  hickory,  beech,  sycamore  and  black  walnut 0    1     0 

3.  On  spruce,  maple,  ash  and  elm 0    1    2 

4.  On  cherry 014 

5.  On  hemlock , 006 

6.  On  boards,  plank,  scantling  and  sawed  timber,  reduced  to  inch  mea- 

sure, all  kinds  of  red  cedar,  cedar  posts,  estimating  that  a  cord,  after 
deducting  for  openings,  will  contain  one  thousand  feet,  and  all 
siding,  lath,  and  other  sawed  stuff,  less  than  one  inch  thick,  carried 
in  boats  (except  such  as  is  enumerated  in  rates  number  32  and  41), 
per  1,000  feet  per  mile,  when  not  weighed 0  4  0 

7.  On  hemlock,  per  1,000  feet  per  mile,  when  not  weighed 0    2    5 

8.  On  sub.  6  and  7,  if  transported  in  rafts,  per  1,000  feet  per  mile 2     0    0 

31.  On  mahogany  (except  veneering),  reduced  to  inch  measure,  per  1,000  feet 

per  mile 1    5    0 

32.  On  sawed  lath,  of  less  than  ten  feet  in  length,  split  lath,  hoop  poles, 

handspikes,  rowing  oars,  broom  handles,  spokes,  hubs,  treenails,  fel- 
lies, boat  knees,  plane  stocks,  pickets  for  fences,  and  stuff  manufac- 
tured or  partly  manufactured,  for  chairs  or  bedsteads,  hop  poles, 
brush  handles,  brush  backs,  looking-glass  backs,  gun  stocks,  plow 
beams  and  plow  handles,  per  1,000  pounds  per  mile 0  2  0 

33.  On  stoves  and  heading,  empty  barrels  and  casks,  and  ship  knees,  trans- 

ported in  boats,  per  1,000  pounds  per  mile 0  1  0 

34.  On  the  same,  if  transported  in  rafts,  per  1,000  pounds  per  mile 0  5  0 

35.  On  shingles,  carried  in  boats,  per  1,000  pounds  per  mile 0  1  5 

36.  On  the  same,  if  conveyed  in  rafts,  per  M  per  mile 0  4  0 


RATES  OF  TOLL,  1852.  37-5 


37.  On  split  posts  (not  exceeding  ten  feet  in  length),  and  rails  for  fences  (not 

exceeding  fourteen  feet  in  length),  per  M  per  mile,  carried  in  boats..     200 

38.  On  the  same,  if  conveyed  in  rafts,  per  M  per  mile  ..................     8    0    0 

39.  On  wood  for  fuel  (except  such  as  may  be  used  in  the  manufacture  of 

salt,  which  shall  be  exempt  from  toll),  and  tan  bark,  per  cord,  per 

mile  ............................................................     050 

40.  On  the  same,  if  transported  in  rafts,  per  cord,  per  mile  ................     2    0    0 

41.  On  sawed  stuff  for  window  blinds,  not  exceeding  one-fourth  of  an  inch 

in  thickness,  and  window  shades  and  blinds,  per  1,000  pounds  per 

mile  ............................................................     050 

Agricultural  Productions,  etc. 

42.  On  domestic  distilled  spirits  going  toward  tide-water,  per  1,000  pounds 

per  mile  ........................................................     030 

43.  On  wood,  per  1,000  pounds  per  mile  ........................  .040 

44.  On  cotton,  per  1,000  pounds  per  mile  ......................  0    1    0 

45.  On  live  cattle,  sheep,  hogs,  horns,  hoofs  and  bones,  per  1,000  pounds 

per  mile  .......................................................     0    2    0 

46.  On  horses  (except  those  used  exclusively  for  towing  boats  or  floats),  per 

1,000  pounds  per  mile  ............................................     0    3    0 

47.  On  horses  used  exclusively  for  towing  boats  or  other  floats,  exempt 

from  toll  .................................................... 

48.  On  rags  and  junk,  per  1,000  pounds  per  mile  .........................     0    3    0 

49.  On  manilla,  per  1,000  pounds  per  mile  ...............................     0    4    0 

50.  On  hemp  and  tobacco  going  toward  tide-  water,  per  1,000  pounds  per 

mile  ............................................................  0    1    0 

51.  On  tobacco,  going  from  tide-water,  per  1,000  pounds  per  mile  .........  0    4    0 

52.  On  pressed  broom  corn,  per  1,000  pounds  per  mile  ....................  0    2    0 

53.  On  pressed  hay,  per  1,000  pounds  per  mile  .....  ......................  0     1     0 

54.  On  corn,  corn  meal  and  oats,  per  1,000  pounds  per  mile  ................  0    2    0 

55.  On  wheat,  flour,  barley,  rye,  peas  and  beans,  per  1,000  pounds  per  mile,  030 

56.  On  flour  starting  and  going  from  tide-  water,  per  1,000  pounds  per  mile,  010 

57.  On  potatoes,  apples,  onions,  turnips,  all  other  esculent  roots,  and  ice, 

per  1,000  pounds  per  mile  .......................................     0    1     0 

58.  On  all  other  agricultural  productions  of  the  United  States,  not  particu- 

larly specified,  per  1,000  pounds  per  mile  ..........................     040 

Merchandise. 

59.  On  barytes  and  veneering,  per  1,000  pounds  per  mile  .................     0    8    0 

60.  On  sugar,  molasses,  coffee,  iron  in  bars,  bundles  and  sheets,  steel,  nail 

rods,  boiler  iron,  nails  and  spikes,  horse  shoes,  crockery  and  glass- 
ware, tin,  rosin,  tar,  pitch,  turpentine,  oil,  anchors,  chain  cables, 
oakum,  mineral  water,  oysters  and  clams,  dye  woods,  and  all  other 
merchandise  not  enumerated,  per  1,000  pounds  per  mile  ............  0  4  0 

61.  On  railroad  iron  and  railroad  chairs,  per  1,000  pounds  per  mile  ........     0    1     5 

62.  On  threshing,  mowing  and  reaping  machines,  fanning  mills,  plows,  har- 

rows, and  drill  harrows,  used  for  agricultural   purposes,  per  1,000 

pounds  per  mile  .................................................     040 

Articles  not  Enumerated,  etc. 

63.  On  all  articles  not  enumerated  or  excepted,  per  1,000  pounds  per  mile,    040 


376  CANAL  BOARD. 

Boats  and  Passengers. 

cts.  m.  fr. 

64.  On  boats  used  chiefly  for  the  transportation  of  persons  navigating  the 

canals,  per  mile 4    0    0 

65.  On  the  same,  if  they  elect  to  commute  for  tolls  upon  passengers,  per 

mile 340 

66.  On  boats  used  chiefly  for  the  transportation  of  property,  per  mile 2     0     0 

67.  On  the  same,  if  they  elect  t<3  commute  for  tolls  upon  passengers,  per 

mile 230 

68.  On  all  persons  over  ten  years  of  age,  per  mile 0    0    5 


T  A.  B  L  E 

OF  THE 


RATES     OF     TOLL 


FOR  THE  YEARS 


1852,  1859,  1868,  1869  AND  1870- 


[NOTE. — In  consequence  of  the  difference  in  the  arrangement  and  classification  of  the 
Toll  Sheets  for  the  years  above  named,  it  has  been  found  impossible  to  give  the  correspond- 
ing rates  on  every  article.] 

A. 


1852. 

1859. 

1868. 

1869. 

1860. 

cts.  m.  fr. 

cts.  m.  fr. 

cte.  m.  fr. 
020 

cts.  m.  fr. 
020 

cts.  m.  fr. 
020 

Agricultural  Implements            

030 

020 

015 

015 

Articles  not  enumerated,  going  toward  tide- 
water   

040 

020 

030 

030 

020 

On  the  same,  going  from  tide-water  

020 

015 

015 

015 

Agricultural     productions    of     the    United 
States,  not  particularly  specified  

040 

020 

030 

030 

020 

010 

010 

020 

020 

020 

040 

020 

020 

020 

020 

005 

005 

005 

005 

005 

B. 


Bacon  

015 

030 
010 
050 

010 
020 
010 
050 
010 
030 
020 
020 
020 
015 
020 
020 

400 
300 
200 
230 

010 

030 
010 
050 
015 
030 
030 
020 
023 
020 
020 
023 

400 
300 
200 
230 

300 
015 
050 
010 
020 
023 
020 
010 
023 

010 
030 
010 
050 
015 
015 
030 

010 
015 
010 

050 
015 
015 
015 

080 
030 
030 

023 
020 
015 
023 

400 
300 
300 
230 

300 
015 
050 
010 
010 
023 
020 
010 
023 

020 
015 
005 
020 

400 
300 
200 
230 

300 
010 
050 
005 
005 
020 
010 
010 
020 

Beef   salted                                       

030 
020 

Boats  used  chiefly  for  transportation  of  pas- 

400 
300 
200 
230 

On  same,  if  they  elect  to  commute   for 

Boats  me.d  chiefly  for  transportation  of  prop- 

On  the  same,  if  they  elect  to  commute  for 

Boats  registered  before  July  1st,  1862,  whose 
bows  do  not  conform  to  regulation  No.  40, 

010 
050 
005 
020 
020 
020 
005 
020 

005 
020 

020 
010 

Brick                                              

48 

378 


CANAL  BOARD. 


1852. 

1859. 

1868. 

1869. 

1870. 

Brush  hacks  (see  Lumber  No.  3)  

cts.  m.  fr. 

cts.  m.  fr. 
020 

cts.  m.  fr. 
023 

cts.  m.  fr. 
023 

cts.  m.  fr. 
020 

Brush  handles  (see  Lumber  No.  3)  

020 

023 

023 

020 

HII  Halo  skins  

050 

050 

030 

030 

025 

Butter   

030 

010 

020 

020 

020 

Butts,  stave,  if  carried  i  n  boats  

010 

015 

015 

010 

Butts,  stave,  if  carried  in  rafts  

050 

050 

050 

050 

c. 


Cabinet  ware  

040 

030 

015 

015 

Carboys  

020 

020 

020 

Carts  

030 

020 

020 

020 

020 

Car  axles  

030 

020 

020 

015 

010 

Car  wheels  (iron)  

030 

020 

020 

015 

005 

Carriages  and  sleighs  

040 

020 

020 

020 

Casks,  empty,  transported  in  boats  

010 

010 

010 

010 

010 

Casks,  empty,  transported  in  rafts  
Castings,  all  iron  casting  except  machines  and 
parts  thereof  ... 

050 
030 

050 

020 

050 
030 

050 
015 

050 
015 

Castings,  broken  

020 

020 

020 

015 

Cattle  alive  

020 

020 

020 

020 

020 

Cedar  posts  (see  Lumber  No.  2),  per  1,000  feet, 
per  mile  

050 

065 

065 

055 

Cedar,  red  (see  Lumber  No.  2),  per  1,000  feet, 
per  mile  

050 

065 

065 

055 

Cement,  flre-proof  

020 

020 

020 

015 

010 

Chairs  

040 

030 

Chair  stuff  (see  LumberNo.  3)  

020 

023 

023 

020 

Charcoal  

005 

0    0    5 

005 

005 

005 

Cheese  

015 

010 

020 

020 

015 

Cider  

030 

020 

020 

020 

015 

Clay             

010 

010 

010 

010 

010 

Clover  seed  

040 

040 

040 

020 

Coal,  mineral  or  anthracite  

005 

005 

010 

010 

005 

Coal,  bituminous  

010 

010 

005 

Coal,  bituminous,  carried  to,  and  delivered  at 
tide-water  

005 

005 

005 

Coul  oil           

010 

010 

005 

Coffee    

040 

010 

015 

010 

010 

Copper  ore  

005 

005 

010 

010 

010 

Copper,  pig  and  smelted  

010 

010 

010 

010 

010 

Corn             

020 

020 

025 

025 

015 

Corn  meal  

020 

020 

025 

025 

015 

Cotton  

010 

010 

010 

010 

010 

Crockery        

040 

010 

015 

010 

010 

Deer  skins    .'  

050 

050 

030 

030 

025 

040 

040 

Domestic  distilled  spirits  

030 

020 

021 

020 

015 

020 

020 

015 

015 

Domestic  woolens  

020 

020 

015 

015 

Dried  fruit                        

040 

040 

E. 


Earth  

n 

1    0 

0 

i 

n 

0 

1    0 

0 

0    5 

0 

0    5 

o 

1    0 

n 

1 

n 

0 

1    0 

0 

1    0 

0 

1    0 

Enameled  ware,  flint  

Fellies  (see  Lumber  No.  3)  

F. 

n 

t 

n 

0 

2    3 

0 

2    3 

0 

3    0 

Eire-nroof  cement  .. 

0 

2    0 

0 

2 

n 

0 

2    0 

0 

1    5 

0 

1    0 

Fellies  (see  Lumber  No.  3)  

020 

023 

023 

030 

Eire-proof  cement  

020 

020 

020 

015 

010 

010 

010 

010 

020 

020 

020 

020 

015 

030 

020 

030 

030 

015 

Furniture,  cabinet  ware  and  chairs  

040 

040 

030 

015 

015 

060 

060 

030 

015 

015 

Furs,  and  skins  of  animals  producing  furs  — 

100 

100 

030 

030 

025 

BATES  OF  TOLL. 
G. 


379 


1852. 

1859. 

1868. 

1869. 

1870. 

Gas  pipes  

cts.  m.  fr. 
020 

cts.  m.  fr. 
020 

cts.  m.  fr. 
01    r, 

cts.  m.  fr. 
01    K 

cts.  m.  fr. 
0*  i    n 

Gla«-  w.ire  

040 

010 

015 

015 

015 

G  rass  seeti  

040 

040 

040 

020 

G  rease  

6  i  5 

015 

015 

015 

015 

Gunstocks  (see  Lumber  No.  3)  

020 

023 

023 

020 

Gypsum,  the  product  of  this  state,  ground 
and  unground  

010 

010 

015 

010 

010 

Gypsum,  foreign,  and  the  product  of  other 
states,  ground  and  unground  

030 

030 

025 

0    1    C 

010 

Gypsum,  calcined  

020 

010 

010 

H. 


Hand  spikes  (see  Lumber  No.  3)  

020 

023 

023 

020 

Hay,  pressed  

010 

010 

010 

010 

005 

Headin",  undressed,  transported  in  boats.... 

010 

015 

015 

010 

Headi  ug,  dressed  or  partly  dressed  

018 

015 

015 

010 

Heading,  transported  in  rafts  

050 

050 

050 

050 

Hemp  guing  toward  tide-water  

010 

010 

010 

010 

010 

Hides,  green,  of   domestic   animals  of   the 
United  States    

030 

030 

030 

015 

015 

Hides,  raw,  imported,  of  domestic  and  other 
animals  

050 

030 

030 

015 

015 

Hogs  alive  

020 

020 

020 

020 

020 

Hops  

020 

020 

020 

Hop  poles  (see  Lumber  No.  3)  

020 

023 

023 

020 

Hop  poles  transported  in  rafts  

050 

050 

050 

Hoop  poles  (see  Lumber  No.  3)     

050 

C    2    3 

023 

020 

Hoop  poles  transported  in  rafts  

050 

050 

050 

023 

023 

020 

030 

030 

030 

030 

030 

Horses,  used  exclusively  for  towing  boats  and 
other  floats,  exempt  from  toll. 

040 

010 

015 

015 

005 

020 

023 

023 

020 

Ice                

010 

010 

010 

010 

0    0    t 

040 

010 

015 

015 

0    1    «' 

010 

005 

010 

010 

0    0    i 

*Iron  ore,  carried  to  any  place  within  this 
state,  and  which  has  been  brought  on  the 
Champlain  canal  to  West  Troy  or  Albany, 
and  cleared    from  one  of  those  points  to 
some  place  within  this  state  on  the  Erie  or 

005 

005 

020 

020 

020 

005 

0    1    C 

040 

010 

015 

015 

0    1    £ 

010 

015 

015 

0    1    S 

020 

020 

015 

0    1    I 

040 

020 

015 

0    1    5 

J. 

Junk  ..  I    030 


0301030      015 


L. 


015 
015 

010 
010 

015 
015 
023 
023 

065 

023 
010 
010 
015 
015 
015 
010 
020 
023 

015 

015 
023 
023 

065 
023 
005 
005 
015 
015 
010 
005 

010 

010 
020 
020 

055 
020 
005 
005 
015 
010 
010 
005 

Lard  oil                                           

018 

050 

020 
005 
005 
010 
010 
010 
010 
040 
020 

Lath,  (see  Lumber  No.  2)  per  1,000  feet,  per 

005 
005 

010 

Limestone  

Looking  glasses  c"k;  

023 

020 

380 


CANAL  BOARD. 


1852. 

1859. 

1868. 

1869. 

1870. 

LUMBER  No.  1.* 

Transported  in  boats  by  weight,  per  1,000  pounds 
per  mile  : 
White  pine,  whitewood,  cherry,  bass  wood, 
cedar  boards,  planks,  scantling,  and  on  all 
sidings,  lath  and  other  sawed  stuff  less  than 
one  inch  thick  (except  such  as  is  enumer- 
ated in  Lumber  No.  3)  

cts.  m.  fr. 

cts.  m.  fr. 

cts.  m.  fr. 
023 

cts.  m.  fr. 
023 

cts.  m.  fr 
020 

Oak,  hickory,  beech,  sycamore,  black  walnut, 
butternut,  maple,  ash,  elm,  flr,  tamarack, 
yew  and  spuce  

018 

018 

0    1    '"> 

Hemlock  

010 

010 

01) 

LUMBER  NO.  2.* 

Transported  in  boats  by  measurement,  per  1,000 
feet,  per  mile  : 
Boards,  planks,  scantling,  railroad  ties  and 
sawed   timber,  reduced  to  inch   measure, 
and  all  siding,  lath  and  other  sawed  stuff, 
less  than  one  inch  thick  (except  such  as  is 
enumerated  in  Lumber  No.  3),  tolls  com- 
puted on  surface  measure  ;  and  all  kinds  of 
red  cedar,  cedar  posts,  estimated   that  a 
cord,    after   deducting  for   openings,  will 
contain  1,000  feet  

050 

065 

065 

055 

Hemlock,  per  1,000  feet  per  mile,  when  not 
weighed  

025 

030 

030 

030 

Lumber  No.  2,  transported  in  rafts,  per  1,000 
feet,  per  mile  

250 

250 

250 

250 

LUMBER  No.  3.* 

Transported  in  boats  by  weight,  per  1,000 
pounds  per  mile: 
Sawed  lath  of  less  than  10  feet  in  length, 
split  lath,  hoop  poles,  hand  spikes,  rowing 
oars,  broom  handles,    spokes,  hubs,  tree- 
nails, fellies,  boat  and  ship  knees,  plane 
stocks,  pickets  for  fences,  railroad  ties,  last 
blocks,  stuff,  manufactured  or  partly  manu- 
factured, for  boxes,  chairs  and  bedsteads, 
hop    poles,    brush    handles,    brush    backs, 
looking-glass    backs,     gun    stocks,     plow 
beams  and  plow  handles  

020 

023 

023 

020 

Sawed  stuff  for  window  blinds,  not  exceeding 
one-fourth  of  an  inch  in  thickness  

060 

070 

070 

055 

M. 


Mahogany  

150 

150 

056 

015 

0    1    J 

Manure  

010 

010 

010 

010 

0    0    £ 

Marl  

010 

010 

0    0    £ 

Merchandise,  non-enumerated  

646 

010 

015 

015 

0    1    £ 

Molasses  

040 

010 

015 

010 

o  i  e 

Moose  skins  

050 

050 

030 

030 

0    2    « 

Nails  

1ST. 
n 

•i 

n 

0 

i 

n 

0    1 

5  !    0 

1    0 

0 

o  n 

i 

( 
Oats  

3. 
n 

g 

n 

n 

9, 

0 

0    2 

5      0 

2    5 

0 

1    5 

Oil  Cake  

n 

9 

n 

0 

0 

0    2 

0       0 

2    0 

0 

1    5 

Oil  meal  

0 

9, 

n 

n 

" 

n 

0    2 

0      0 

2    0 

0 

1    5 

Onions  

n 

1 

0 

0 

1 

0 

0    1 

0      0 

1    0 

n 

1    0 

RATES  OF  TOLL. 
P. 


381 


1852. 

1859. 

1868. 

1869. 

1870. 

cts.  m.  fr. 

cts.  m.  fr. 

cts.  m.  fr. 

cts.  m.  fr. 

cts.  m.  fr. 

Passengers,  over  ten  years  of  age,  per  mile... 
Petroleum  or  earth  oil,  crude  and  refined  ... 

005 

005 

005 
005 

005 
005 

005 
005 

Peas  

030 

020 

030 

030 

015 

Peat          

010 

010 

005 

Pickets  for  fences  (see  Lumber  No.  3)  

020 

023 

023 

020 

Pig  copper      .        .... 

010 

010 

010 

010 

010 

Pig  iron,  going  from  tide-water  

020 

020 

010 

005 

Pig  iron,  going  toward  tide-water  

020 

020 

015 

010 

Plane  stocks  (see  Lumber  No.  3)  

020 

023 

023 

020 

Plaster,  calcined,  or  plaster  of  paris,  going 
from  tide-water  

020 

015 

010 

Plow  beams  (see  Lumber  No.  3)  

020 

023 

023 

020 

Plow  handles  (see  Lumber  No.  3)  

020 

023 

023 

020 

Pork,  salted  

015 

015 

020 

020 

015 

Posts,  split  and  round,  not  exceeding  eight 
feet  in  length,  carried  in  boats,  per  M.,  per 

300 

300 

200 

010 

010 

020 

020 

020 

Powder  and  gunpowder  

040 

040 

040 

040 

Rags                    

030 

020 

020 

015 

015 

015 

015 

015 

0    1    5 

010 

015 

015 

020 

015 

010 

Railroad  ties  (see  Lumber  Nos.  2  and  3)  

Rails  for  fences,  not  exceeding  fourteen  feet 
in  length,  carried  in  boats,  per  M.,  per 

200 

200 

300 

300 

200 

On  the  same,  if  carried  in  rafts,  per  M., 

800 

800 

800 

800 

800 

0    1    0 

010 

010 

010 

010 

010 

020 

023 

023 

020 

l{yg                                                  

030 

020 

030 

030 

015 

s. 


Sal  soda,  going  from  tide-water  

010 
010 
025 
015 
005 

010 
0    1    5 
020 
015 
005 
040 
023 
050 
020 
015 
040 
023 

065 
030 
005 
020 
010 
010 

300 

800 
023 

015 
050 

Salted  fish,  going  from  tide-water  

040 
050 
010 
010 

050 
010 
010 

005 
020 
020 
015 

025 
015 
010 

010 
020 
020 
015 
005 
040 
023 
050 
020 
015 
040 
023 

065 
030 
010 
020 
010 
015 

800 

800 
023 

015 
050 

gand                                     

020 
020 
015 

Shingles,  in  boats,  per  1000  pounds  per  mile  .. 

040 
010 
050 
020 

040 
010 
050 
020 

S?|*    i,             tran~norted  in  rafts 

Ship  stuffs  

Shrubbery  and  trees  

040 
018 

150 
100 
010 
040 
020 
010 

200 

800 
020 

010 
050 

Siding  (see  Lumber  No.  2)  per  1000  feet  sur- 

040 
020 
030 
040 
040 

200 
800 

Ulotp                                                                                                                     

Siilit  posts  and  round,  not  exceeding  eight 
feet  in  length,  carried  in  boats,  per  M. 

On  the  same,  if  carried  in  rafts,  per  M. 
per  mile  

Spokes  (see  Lumber  No.  3)  -•:•••   "* 
3taves  and  heading,  sawed,  cut  and  dressed 
or    partly    dressed,    shocks    and    stave 
bolts  and  butts,  not  exceeding  four  feet 
and   a  half   in    length,   transported  in 

010 
050 

On  the  same  if  transported  In  rafts  

382 


CANAL  BOARD. 


1852. 

1859. 

1868. 

1869. 

1870. 

Steel                         

cts.  m.  fr. 
040 

cts.  m.  fr. 
010 

cts.  m.  fr. 
915 

cts.  m.  fr. 
015 

cts.  ni.  fr. 
015 

010 

005 

010 

010 

005 

020 

015 

015 

010 

010 

020 

010 

010 

005 

0    0    5 

Stoves  

030 

020 

030 

015 

015 

Straw,  pressed,  and  any  pressed    vegetable 
substance    used   for    the    manufacture    of 

010 

010 

010 

005 

Sugar      

040 

000 

015 

010 

010 

T. 


Tallow          

030 

010 

015 

015 

015 

Tan  bark,  per  cord,  per  mile,  carried  in  boats, 

050 

050 

050 

050 

Tan  bark,  per  cord,  per  mile,  carried  in  rafts, 

200 

200 

200 

200 

Tan  bark,  ground,  per  1,000  pounds,  per  mile. 

025 

025 

025 

025 

Tar             

040 

010 

015 

015 

015 

Timber  per  100  cubic  feet,  per  mile,  trans- 
ported in  boats  : 
Squared  and  round,  other  than  hemlock, 
Squared  and  round,  hemlock  

040 

040 
040 

060 
040 

060 
040 

060 
040 

Squared  and  round  (all  kinds),  transported 
i  n  rafts  

100 

100 

100 

100 

100 

Squared  and  round,  transported  in  rafts, 

070 

200 

200 

Sawed    timber  (see   Lumber  No.  2),  per 
1,000  feet,  per  mile  

070 

050 

o  o  r> 

065 

055 

Tin  plate,  goin<*  from  tide-water  

040 

010 

005 

Tobacco,  unmanufactured,  going  toward  tide- 

010 

010 

010 

010 

010 

Tobacco,  going  from  tide-water  

040 

020 

015 

0-15 

015 

Treenails  (see  Lumber  No.  3)  

020 

023 

023 

020 

Trees  and  shrubbery  

040 

040 

040 

040 

010 

010 

010 

010 

010 

Turpentine    

040 

010 

015 

015 

015 

Varnish.  

V. 

040 

020 

015 

015 

Vinegar  •  

030 

020 

020 

015 

015 

^ 

Wagons  

jr. 

030 

040 

020 

020 

020 

Water-lime,  going  from  tide-water  

010 

015 

010 

010 

Water-lime,  going  toward  tide-water  

010 

015 

015 

010 

Water  pipes  

020 

020 

015 

015 

010 

Wheat  

030 

020 

030 

030 

015 

Window  blinds,  sawed  stuff  for  (see  Lumber 
No.  3)   

050 

060 

070 

050 

050 

Window  sashes   

060 

070 

050 

050 

Wood  for  fuel,  per  cord,  per  mile  

050 

050 

050 

050 

050 

Wood  for  fuel,  per  cord,  per  mile,  carried  in 
rafts    .      .          

200 

200 

200 

200 

200 

Wood,  used  in  the  manufacture  of  salt,  per 
cord,  per  mile     .        

050 

050 

050 

Wool  

040 

020 

020 

010 

0    1    C 

RATES  OF  TOLL. 


383 


EATES  OF  TOLL  FOR  1871. 

The  Toll  sheet  of  1870  was  adopted  for  the  year  1871,  and  was  subsequently  amended  In  the 
following  particulars,  viz.. 

The  rate  of  toll  on  boats  whose  bows  do  not  conform  to  the  Fortieth  Regulation  was 
reduced  from  three  to  two  cents  per  mile. 

The  discrimination  in  favor  of  "pine  timber,"  squared  and  round,  transported  in  rafts, 
was  discontinued,  and  the  uniform  rate  of  one  cent  per  one  hundred  cubic  feet  was  estab- 
lished for  all  kinds  of  timber,  and  the  rate  of  toll  on  "  iron  bridge  and  railing,  iron  bolts  and 
railroad  chairs,"  when  cleared  at  tide-water,  was  reduced  to  one-half  of  one  mill  per  one 
thousand  pounds  per  mile. 


EATES  OF  TOLL  FOE  1872. 

The  Toll  sheet  for  1872  was  the  same  as  that  for  1871,  as  amended,  with  the  exception  of 
reduced  rates  upon  melted  glass,  gypsum,  potatoes,  iron,  cleared  at  tide-water,  and  stone, 
unwrought,  or  partly  wrought. 


EATES  OF  TOLLS,  1873. 

Established  by  the  CANAL  BOARD  on  persons  and  property  transported  on  the  New  York 
State  Canals,  to  take  effect  on  the  opening  of  navigation. 


ARTICLES  PAYING  ONE-HALF  MILL  PER  1,000  POUNDS  PER  MILE. 


Ashes,  leached. 

Bones. 

Car  axles,  when  cleared  at  tide-water. 

Car  wheels. 

Charcoal. 

Coal,  anthracite  and  bituminous. 

Coal  oil. 

C'-al  tar  and  products  thereof. 

Cullet,  or  broken  glass  to  be  melted  over. 

Earth. 

Gypsum,  unground,  product  of  this  state. 

Hay,  pressed. 

Horse  shoes. 

Iron,  articles  exclusively  manufactured  of 
wrought  or  rolled  iron,  not  specifically 
enumerated,  when  cleared  at  tide-water. 

Iron,  boiler,  when  cleared  at  tide-water. 

Iron,  in  bars  and  bundles,  when  cleared  at 
tide-water. 

Iron  ore. 

Iron,  bloom  and  pig,  going  from  tide-water. 


Lead,  bar  and  pig,  going  toward  tide-water. 

Lime  stone. 

Manure. 

Marl. 

Nails. 

Petroleum,  crude  and  refined. 

Peat. 

Pi;:  iron,  going  from  tide-water. 

Sand. 

Saw  dust. 

Scrap  iron. 

Slate. 

Spikes. 

Steel,  in  bars  and  bundles,  when  cleared  at 
tide -water. 

Stone,  for  the  manufacture  of  lime. 

Stone,  wrought,  partly  wrought,  unwrought. 

Straw,  pressed,  and  any  pressed  vegetable  sub- 
stance used  for  the  manufacture  of  papei 
and  paper-pulp. 

Tin  plate,  going  from  tide-water. 


ARTICLES  PAYING  ONE  MILL  PER  1,000  POUNDS  PER  MILE. 


Bacon. 

Barrels,  empty,  transported  in  boats. 

Bleaching  powders,  going  from  tide-water. 

Bran. 

Brick. 

Brimstone. 

Car  axles,  when  not  cleared  at  tide-water. 

Casks,  empty,  transported  in  boats. 

Cement,  fire-proof  and  hydraulic. 

Clay. 

Coffee. 

Copper  ore. 

Copper,  pig  and  smelted. 


Cotton. 

Crockery. 

Esculent  roots. 

Fire  brick. 

Fish,  salted,  going  from  tide-water. 

Gas  pipes. 

Gypsum,  ground  and  ungrouna. 

Hemp,  going  toward  tide-water. 

Iron,  bloom  and  pig,  going  toward  tide-watet, 

Lard. 

Lard  oil. 

Lime. 

Molasses. 


384 


CANAL  BOARD. 


Onions. 

Plaster,  Calcined  or  Plaster  of  Paris,  going 

from  tide-water. 
Potatoes. 
Railroad  chairs. 
Railroad  iron. 

Rice,  going  from  tide-water. 
Sal  soda,  going  from  tide-water. 
Salt,  manufactured  in  this  state. 
Salted  flsh,  going  from  tide-water. 
Soda  ash. 


Staves  and  heading,  sawed,  cut  and  dressed  or 
partly  dressed,  snooks  and  stave  bolts  and 
butts,  not  exceeding  four  feet  and  a  half  in 
length,  transported  in  boats. 

Sugar. 

Tobacco,  unmanufactured,  going  toward  tide- 
water. 

Turnips. 

Water  lime. 

Water  pipes. 

Wool. 


ARTICLES  PAYING  ONE  AND  ONE-HALF  MILLS  PER    1,000    POUNDS  PER  MILE. 


Agricultural  implements,  going  from  tide- 
water. 

Articles  not  enumerated,  going  from  tide- 
water. 

Barley. 

Barytes. 

Beans. 

Beef,  salted. 

Cabinet  ware. 

Castings,  all  iron  castings. 

Cheese. 

Cider. 

Corn. 

Corn  meal. 

Cottons,  domestic. 

Flour. 

Furniture,  Cabinet  ware  and  Chairs. 

Furniture  for  Stoves. 

Glass  ware. 

Grease. 

Hides. 

Iron,  in  sheets,  bars  and  bundles,  when  not 
cleared  at  tide-water. 

Iron,  boiler,  when  not  cleared  at  tide-water. 

Iron,  bridge  and  railing. 

Iron  bolts. 


Junk. 

Leather. 

Mahogany. 

Merchandise,  not  enumerated. 

Oats. 

Oil  cake. 

Oil  meal. 

Peas. 

Pork,  salted. 


Rye. 

Safes,  iron. 

Ship  stuffs. 

Spirits,  domestic  distilled. 

Steel,  in  bars  and  bundles,  when  not  cleared 

at  tide-water. 
Stoves. 
Tallow. 
Tar. 

Tobacco,  going  from  tide-water. 
Turpentine. 
Varnish. 
Vinegar. 
Wheat. 
Woolens,  domestic. 


ARTICLES  PAYING  TWO  MILLS  PER  1,000  POUNDS  PER  MILE. 


Acid,  sulphuric. 

Agricultural  products  of  the  United  States, 
not  particularly  specified. 

Apples. 

Articles  not  enumerated,  going  toward  tide- 
water. 

Ashes,  pot  and  pearl. 

Butter. 

Carboys. 

Carts. 

Carriages. 

Cattle,  alive. 


Clover  seed. 
Flax  seed. 
Grass  seed. 
Hogs,  alive. 
Hoops,  rived. 
Hops. 
Malt. 

Sheep,  alive. 
Ship  knees. 
Sleighs. 
Wagons. 


ARTICLES  PAYING  TWO  AND  ONE-HALF  MILLS  PER    1,000  POUNDS  PER  MILE, 


Buffalo  skins. 
Deer  skins. 
Furs. 
Moose  skins 


Salt,  foreign. 

Skins  of  animals  producing  furs. 

Tan  bark,  ground. 


Horses. 


ARTICLES  PAYING  THREE  MILLS  PER  1,000  POUNDS  PER  MILE. 
ARTICLES  PAYING  FOUR,  MILLS  PER  1,000  POUNDS  PER  MILE. 


Powder  and  Gun  Powder. 
Shrubbery. 


I  Trees. 


ARTICLES  PAYING  FIVE  MILLS  PER  1,000  POUNDS  PER  MILE. 


Barrels,  empty,  transported  in  rafts. 
Bolts,  stave,  transported  in  rafts. 
Butts,  stave,  transported  in  rafts. 
Ciisks,  empty,  transported  in  rafts. 
Heading,  transported  in  rafts. 
Hop  poles,  transported  in  rafts. 


Hoop  poles,  transported  in  rafts. 

Ship  knees,  transported  in  rafts. 

Staves  and  heading  not  exceeding  four  feet 

and  a  half  in  length,  transported  in  rafts. 
Window  blinds,  sawed  stuff  for. 
Window  sashes. 


RATES  OF   TOLL.  335 

LUMBER,  SHINGLES  AND  TIMBER. 

LUMBER  No.  1.* 

Transported  in  boats  l>y  -weight,  per  1,000  pounds  per  mile:  c.  m.  fr. 

White  pine,  white  wood,  cherry,  basswood,  cedar  boards,  planks,  scantling,  and  on 
all  sidings,  lath  and  other  sawed  stuff,  less  than  one  inch  thick  (except  such  as  is 

enumerated  in  Lumber  No.  3) 020 

Oak,  hickory,  beech,  sycamore,  black  walnut,  butternut,  maple,  ash  "elm  flr "tama- 
rack and  yew A  1 

Hemlock  and  spruce '...'. '. .... '. ..'.'...'. '. ..'.'. 

LUMBER  No.  2.* 
Transported  in  boats  by  measurement,  per  1,000  feet  per  mile : 

Boards,  planks,  scantling,  railroad  ties,  pickets  for  fences  and  sawed  timber,  reduced 
to  inch  measure,  and  all  siding,  lath  and  other  sawed  stuff,  less  than  one  inch  thick 
(except  such  as  is  enumerated  in  Lumber  No.  3),  tolls  computed  on  surface  measure: 
lath,  when  cleared  by  measurement,  may  be  estimated  at  twenty  feet  for  each  bunch 
of  one  hundred  pieces;  and  all  kinds  of  red  cedar,  cedar  posts,  estimated  that  a 
cord,  after  deducting  for  openings,  will  contain  1,000  feet 055 

Hemlock,  per  1,000  feet  per  mile,  when  not  weighed 030 

Lumber  No.  2,  transported  i  n  rafts,  per  1,000  feet  per  mile . . . . .......".....    2    5     0 

LUMBER  No.  3.* 

Transported  in  boats  by  weight,  per  1,000  pounds  per  mile: 

Sawed  lath  of  less  than  ten  feet  in  length,  split  lath,  rived  hoops,  hoop  poles,  hand 
spikes,  rowing  oars,  broom  handles,  spokes,  hubs,  treenails,  fellies,  boat  and  ship 
knees,  plane  stocks,  pickets  for  fences,  railroad  ties,  last  blocks,  stuff— manufac- 
tured or  partly  manufactured  —for  boxes,  chairs  and  bedsteads,  hop  poles,  brush 
handles,  brush  backs,  looking-glass  backs,  gun  stocks,  plow  beams  and  plow 

handles 0    2      0 

Sawed  stuff  for  window  blinds,  not  exceeding  one-fourth  of  an  inch  in  thickness.  ..05     0 

Timber  per  100  cubic  feet,  per  mile,  transported  in  boats : 

Squared  and  round,  other  than  hemlock 060 

Square  and  round,  hemlock 0    4     0 

Square  and  round  (all  kinds),  transported  in  rafts I    0     0 

Sawed  timber  (see  Lumber  No.  2),  per  1,000  feet  per  mile 0    5     5 

Shingles  in  boats,  per  1,000  pounds  per  mile 015 

do         in  boats,  per  M,  per  mile 00     5 

do         in  rafts,  per  M,  per  mile 0    4     0 

Posts,  split  and  round,  not  exceeding  eight  feet  in  length,  carried  in  boats,  per  M, 

per  mile 2    0      0 

On  the  same,  if  carried  in  rafts,  per  M,  per  mile 8    0     0 

Kails  for  fences,  not  exceeding  fourteen  feet  in  length,  carried  in  boats,  perM,  per 

mile 200 

On  the  same,  if  carried  in  rafts,  per  M,  per  mile 800 

^~  *  LUMBER  shall  not  be  cleared  by  measurement  when  carried  in  a  boat  having  other 
articles  on  board  paying  toll  by  WEIGHT,  but  such'  lumber  shall,  in  all  such  cases,  be  also 
cleared  by  weight. 

When  a  cargo  is  composed  entirely  of  lumber,  which  can  be  cleared  by  weight  or  measure, 
the  whole  of  such  cargo  shall  be  cleared  by  measurement  or  by  weight,  as  the  shipper  or 
master  may  elect,  and  in  no  case  shall  a  portion  of  any  such  cargo  be  cleared  by  measure- 
ment and  the  other  portion  by  weight. 

ARTICLES   PAYING   TOLL    BY   THE   CORD. 

c.  m.  fr. 

Tan  Bark,  per  cord,  per  mile,  carried  in  boats 050 

Tan  Bark,  per  cord,  per  mile,  carried  in  rafts 200 

Wood  for  fuel,  per  cord,  per  mile,  carried  in  boats 0    5     0 

Wood  for  fuel,  per  cord,  per  mile,  carried  in  rafts 2    0     0 

BOATS     AND    PASSENGERS. 

On  boats  used  chiefly  for  the  transportation  of  passengers,  upon  all  canalx,  per  mile.  .400 

On  the  same,  if  they  elect  to  commute  for  tolls  upon  passengers £ 

On  boats  uxed  chiefly  for  the  transportation  of  property,  per  mile  

On  the  same,  if  they  elect  to  commute  for  tolls  upon  passengers 23     0 

On  boats  registered  before  July  1,  1862,  whose  bows  do  not  conform  to  regulation 

No.  40,  per  mile •     •••    2    0      0 

Bo;iis  used  exclusively  in  the  towage  of  boats  on  the  canals,  together  with  the  ma- 
chinery and  fuel  necessary  therefor,  exempt  from  toll 

On  all  persons  over  ten  years  of  age,  per  mile <• 

STATE  OF  NEW  YORK,  I 

CANAL  DEPARTMENT,  ALBANY,  April  3, 1873.   f 

I  CERTIFY  the  foregoing  to  be  a  correct  list  of  the  rates  of  Toll  established  by  the  CANAL 
BOARD,  to  take  effect  on  the  opening  of  navigation.  nAVTOV  A  lit 

49 


386 


CANAL  BOARD. 


STATEMENT  OF  TONNAGE,  VALUES  AND  TOLLS. 


The  total  tonnage  of  property  of  all  kinds  passing  over  the  canals 
of  this  state,  its  value  and  the  total  amount  of  tons  collected  from  the 
year  1852  to  1872  inclusive,  will  be  shown  by  the  following  statement : 


YEAR. 

Tons. 

Value. 

Tolls. 

1852  .  . 

3,863,441 

$196,603,517 

$3,118  344 

1853    

4,347,852 

267,119  570 

3  204  718 

1854  

4,165,862 

210,284,312 

2,773  5(56 

1855  

4,022,617 

204,390,147 

2,805.077 

1856  

4,116,083 

218,327.062 

2  748  203 

1857  

3,344,061 

136,  997,  018 

2,045,641 

1858  

3  665,192 

138  568  844 

2  110  754 

1859  

3,781,684 

132,160,758 

1  723,945 

I860    .                 

4,650,214 

170  849  198 

3  009  ">97 

1861  

4,507,635 

130  115,893 

3  908  785 

1863  

5,598,785 

203,234,331 

5,  188.943 

1863    

5,557,692 

240  046,461 

4.645  307 

1864  

4,852,941 

274,400,639 

3,983.982 

1865  

4.739,654 

256,237,104 

3,8->:9.955 

1866  

5,775,220 

270,963,676 

4.  430  639 

1867  

5,688,325 

278.956,712 

4,088.058 

1868  

6  442  225 

305,301,929 

4,246  563 

1869  

5,859,080 

249,281,284 

3,778,501 

1870     

6,173,769 

231  836,176 

2  611,-r>78 

1871  

6,467,888 

238,767,691 

3.100,838 

1872       

6  627  462 

3,  072,  411 

STATISTICS. 


387 


STATISTICS 

Relating  to  the  Canals  of  this  State,  compiled  from  the  Reports  of 
the  Canal  Commissioners  and  the  State  Engineer  and  Surveyor  for 

1873. 

ERIE  CANAL. 

Total  cost  of  construction,  $43,639,324. 


REMARKS. 

Old  canal  (not  now  in  existence). 

Enlargement. 

Construction  authorized  

April  15,  1817.  .  . 

May  11  1835 

Construction  commenced  

July     4,  1817  

Construction  completed  
Estim'd  cost  at  engineer's  prices, 

Oct.    26,1836  
$4,926,738  

September,  1863. 
$23  402  863 

Actual  cost  of  construction  

$7,  143,  789  

$36  495  535 

Total  feet  of  lockage  

675^  feet 

654  80-100  feet 

Length  from  Albany  to  Buffalo.  . 

363  miles  

350X  miles 

Number  locks  and  size  of  cham- 
bers   

83  locks,  90  x  115 

72  locks  110  x  18 

Size  of  prism  

40  and  28  x  4 

70  and  56  x  7 

Maximum  dimension  of  boats... 
Burthen  of  boats  

78  62-100  x  14  46-100  x  3tf  draft,  1, 
75  tons  ... 

98  x  17  5-11  x  6  5-12  draft,  2. 
220  tons 

CHAMPLAIN  CANAL  AND  GLENS  FALLS  FEEDER. 

Construction  authorized April  15, 1817. 

Glens  Falls  feeder  authorized April,  1822. 

Estimated  cost  of  canal  at  engineer's  prices $871,000. 

Navigation  opened  from  Fort  Edward  to  Lake  Champlain November  24, 1819. 

Canal  completed  from  Waterford  to  Lake  Cbamplain 1822. 

Canal,  cost  of  construction  up  to  1832 $921,011. 

Feeder,  cost  of  construction  up  to  1837 $91, 944. 

Total  cost  of  both  included  improvements,  exclusive  of  ordinary 

repairs,  June,  1868 $2,378,910. 

Number  of  locks  on  canal,  20;  feeder,  13 Size,  110x18  and  100  x  15. 

Length  of  canal,  66  miles;  feeder,  7  miles ;  pond,  5  miles 78  miles. 

Size  of  prism,  canal  and  feeder 40  26  x  4. 

Size  authorized,  chap.  213,  Laws  1860  50  35  x  5. 


CATUGA  AND  SENECA  CANAL — CAYUGA  INLET. 

Total  cost,  $1,520,542. 


REMARKS. 

Cayugaand  Seneca  canal. 

Cayuga  inlet. 

Construction     authorized,     en- 

April  20,  1825  

May  25,  1836. 

April  15,  1854. 

$811  188            

$150,000. 

Estim'd  cost  at  contract  prices  .  . 

$795,273  
November  15,  1828  

$160,396. 
September,  1862. 

Cost  of  construction  

$1,306,542  
11,  110  x  18  

$214.000. 
1,  110  x  18. 

83#  feet  

24%  miles,  70  and  56  x  7. 

388 


CANAL  BOARD. 


OSWEGO  CANAL. 

Total  cost,  $3,077,429. 


REMARKS. 


Oswego  canal. 


Enlarged  Oswego  canal. 


Censtruction  authorized April  20, 1825 April  15,  ia54. 

Enlargement  of  locks Chapter  262,  Laws  of  1&47 

Estim'd  cost  at  engineer's  prices,  $227,000 $1,926,336. 

Estimated  cost  at  contract  prices  $437,000 $2,051,190. 

Construction  completed December  10, 1828 September,  1862. 

Cost  of  construction $565,437 $2,925,513. 

Number  of  locks  and  size 18,  90  x  15 17, 110  x  18. 

Feet  of  lockage 154.85  feet 154.85  feet. 

Average  cost  of  one  lock $10,000 $31.000. 

Size  of  prism  of  canal 40and26x4 70  and  36  x  7  feet. 

Guard  locks Six Five. 

Burthen  of  boats 50  to  75  tons 230  tons. 

Length  of  canal 38miles 38  miles. 

CROOKED  LAKE  CANAL. 

Construction  authorized April  11,  1829. 

Construction  commenced April,  1830. 

Estimated  cost  at  engineer's  prices $119,198. 

Estimated  cost  at  contract  prices $95,820. 

Canal  completed October  10, 1833. 

Cost  of  construction  $333,287. 

Number  of  locks,  27;  size 90  x  15  feet. 

Size  of  canal  prism 42  and  26  x  4. 

Length  of  canal 8  miles. 

All  the  locks  are  composite. 

Feet  of  lockage 277  83-100  feet. 

CHEMUNG  CANAL  AND  FEEDER. 

Construction  authorized April  15, 1829. 

Estimated  cost,  engineer's  prices  $331,225. 

Estimated  cost,  contractor  s  prices $291,831. 

Construction  completed  September,  1831. 

Cost  of  construction,  1831   $314,395. 

Cost  of  construction,  1862 $1,273,261. 

Length  and  size  main  canal '43  miles;  42  x  28  x  5  feet. 

Length  and  size  of  feeder  16  miles;  41  x  26  x  4  feet. 

Number  and  size  of  locks  on  canal 49  locks;  90  x  15  feet. 

Number  and  size  of  locks  on  feeder 4  locks ;  90  x  15  feet. 

Kind  of  locks Wood. 

Cost  of  each  first  set $1,650 ;  age  of  lock  9  years. 

Cost  of  each  second  set..    5,500  ;  age  of  lock 19  years. 

Cost  of  each  third  set —    8,484 ;  completed September  9, 1863. 

CHENANGO  CANAL. 

Construction  authorized February  23, 1833. 

Construction  commenced   July,  18134. 

Construction,  estimated  at  engineer's  prices $1,960,450. 

Construction,  estimated  at  contractors'  prices  $1,859,849. 

Construction  completed October,  1836. 

Construction,  actual  cost $2,782,124. 

Number  and  size  of  locks 116  locks;  90  x  15  feet. 

Size  of  prism   40  and  28  x  4. 

Kind  of  locks  .  Hubble  stone. 

Average  cost  of  one  lock $8.000. 

Length  of  main  line  of  canal   .'. 97  miles. 

Feet  of  lockage 1,015,"*. 

Burthen  of  boats 50  to  70  tons. 

BLACK  RIVER  CANAL,  FEEDER  AND  BLACK  RIVER  IMPROVEMENT. 

Construction  authorized April  19.  KW. 

Construction  commenced    January,  1838. 

Estimated  cost  at  engineer's  prices ftl,OHX,437. 

Estimated  cost  at  contract  prices $2,431,669. 


STATISTICS. 


389 


Canal  completed ..  1M9. 

Cost  of  construction "  "  $3  334  779 

Number  and  size  of  locks  .""     .'.'  109  locks';  90  x  15. 

Length  of  canal  to  Lyon's  Falls 35  miles. 

Length  of  river  to  Carthage,  and  fall 43  miles'-  9^  feet. 

Size  of  prism  of  canal  and  feeder 43  and  28  x  4. 

Length  of  navigable  feeder,  and  fall 10^  miles ;  6 10-100  feet. 

Burthen  of  boats .  45  to  50  tons. 

Lockage  of  canal 1,082#  feet. 


GENESEE  Y ALLEY  CANAL  AND  DANSVILLE  BRANCH. 

Construction  authorized May  6, 1836. 

Estimated  cost  at  engineer's  prices $2,002,285. 

Estimated  cost  at  contract  prices $4,900,122. 

Completed  to  Dansville November  1, 1842. 

Completed  to  Olean November,  1856. 

Completed  to  Mill  Grove  pond December,  1861. 

Total  cost  of  canal  and  reservoirs   .. $5,827,813. 

Length  of  canal  and  side  cut 124%  miles. 

Size  of  prism  of  same 42,  26  x  4  feet. 

Burthen  of  boats 50  to  55  tons. 

28  stone  locks,  cost  each $10,000. 

73  composite  locks,  cost  each $8,000. 

11  wood  locks,  cost  each $5,000. 

Total  number  and  size  of  locks 112  locks  90  x  15  feet. 


ONEIDA  LAKE  CANAL  AND  ONEIDA  RIVER  IMPROVEMENT. 


REMARKS. 

Oneida  Lake  canal. 

Oneida  River  improv't. 

Construction  authorized  

March  22,  1832... 

April  29,  1839. 

Estim'd  cost  at  engineer's  prices, 

$40,000        

$100,049. 

Construction  completed  

1836  

1850. 

$78,829      

$79,346. 

Purchased  of  company  by  state.. 

May  11,  1840  

For  $50,000. 

Enlargement  of  locks  authorized 

Chapter  46,  Laws  of  1860  

7,  110  x  18    

2,  130  x  30X. 

40x  26x4   

80  x  60  x  4X. 

7  miles  

20  miles. 

Feet  of  lockage  

60&  feet  

No.  1,  3  feet  ;  No.  2,  3K  ft. 

STA  TEMENT  of  the  number  of  locks,  their  lift  in  feet,  total  lockage 
of  each  canal,  etc.,  etc.,  of  all  the  canals  in  the  state  of  New  York. 


NAME  OF  CANAL. 

Length  in 
miles. 

Lockage 
in  feet. 

351.78 

654.80 

3.35 

66.00 

179.50 

Ponrl  •  hovp  Trov  dam 

3.00 

12.00 

132.00 

35.33 

1,082.25 

13.47 

42.50 

6.00 

62.00 

38.00 

154.85 

Oneida  River  improvement  

20.00 

7.85 

Seneca  River  towing-path  

1.00 

8.00 

22.77 

76.61 

8.00 

277.83 

Chemung  canal  and  feeder  

39.00 
2  00 

504.88 

Cayuga  inlet  

97.00 

1,015.33 

116.50 

1,045.39 

Dansville  branch  of  same  

11.00 

82.50 

Total                                                          

839  70 

5,283.79 

390 


SUMMARY. 


SUMMABT. 

Erie  canal 352 

Albany  basin 1 

feeders 8 

361  miles. 

Champlain  canal 66 

Glen's  Falls  feeder , :.    12 

Pond  above  Troy  dam.  3 

81  miles. 

Cayuga  and  Seneca  canal  23  miles. 

Oswego  canal 38 

Baldwinsville  side  cut 1 

Oneida  River  improvement 20 

Seneca  River  towing-path 5jf 

Seneca  River  improvement . .  12}£ 

77  miles. 

Crooked  Lake  canal 8  miles. 

Chemung  canal 23 

feeder 16 

39  miles. 

Chenango  canal 97  miles. 

Black  River  canal 35 

feeder  and  reservoir 12 

River  improvement 42 

89  miles. 

Genesee  Valley  canal 107 

Dansville  side  cut    11 

118  miles. 

Oneida  Lake  canal  and  feeder...  7  miles. 

Total ..   900  miles. 


STATEMENT  showing  the  total  cost  of  construction  of  the  New 
York  state  canals,  together  with  the  expenditures  for  repairs, 
maintenance  and  collection  •  also  the  total  amount  of  tolls  received, 
each  canal  being  credited  with  the  amount  of  tolls  upon  the  tonnage 
contributed  to  the  Erie,  and  charged  with  its  proportion  of  repairs 
and  maintenance  upon  the  same,  up  to  and  including  1866. 


NAME  OF  CANAL. 


EXPENDITURES. 


For  construc- 
tion, enlarge- 
m'ts  and  im- 
provements. 


For  repairs, 
maintenance 
and  collec- 
tion. 


Total  for 
construction, 
management, 
etc. 


RECEIPTS. 


From  tolls. 


Erie  and  Champlain 

Oswego 

Cayuga  and  Seneca 

Chemung. 

Crooked  Lake 

Chenango 

Black  River 

Genesee  Valley 

Oneida  Lake 

Baldwinsville 

Oneida  River  improvement. 
Seneca  River  towing-path  . . 
Cayuga  inlet 


Totals. 


$46,018,234 

3,490,949 

1,520,542 

1,273,261 

333,287 

2,782,124 

3,224,779 

5,827,813 

64,837 

23,556 

146,944 

1,488 

2,968 


$64,710,832 


$12,900,333 

4,639,219 

1,200,044 

1,794,649 

459,374 

1,022,026 

498,866 

1,689,303 

123,234 

25,035 

25,005 

20 


$58,918,567 

8,130,168 

2,720,586 

3,067,910 

792,661 

3,804, 150 

3,723,645 

7,517,116 

188,071 

48,591 

171,999 

1,508 

2,968 


$24,377,108 


$89,087,940 


$81,057,168 

9,283,230 

2,184,300 

2,012,575 

520,416 

737,285 

242,603 

1,306,913 

65,180 

1,261 

204,288 

5,251 

4,596 


$97,625,066 


SUMMARY.  391 

Total  cost  of  construction,  as  above $64,710,832 

Total  interest  on  same 93,736,654 

Total  cost  maintenance,  repairs  and  collection 24,377,114: 

Total  interest  on  same 27,268,895 


Total  from  commencement  to  completion $210,093,495 

Aggregate  receipts  from  tolls,  with  interest  thereon,     202,619,510 

Present  cost  to  the  state  of  the  entire  canal  system,      $7,473,985 


392 


CANAL  BOARD. 


H 
O 


q 


CQ 

8 


. 
o 


EH  H 

OQ  § 

11  ^ 

hi  a 


Q 


Q 

rl 

rV| 

a 

3 


Pn 


Q 
H 

s 
w 


TABLE 


icoS      oo  ob  to  10  c-  I-H 


;?T^ 


•uojqiy 


-*lOH<OSO001 
r-(       Ot  iO  TJI  r- 


—  •*  o  •*  cd  00  O  r-i  J 


OOOOOCO  JHOCOt-OSOXisOOrHrH^Cii 


" 


t-       &  t-  • 


&  1C  rH  rH  CO  t-  rH 


DISTANCES. 


393 


gr^iC^CCOi^tli^CC^rt^^g:  S&Sa9S292          r-lrH  rH 

N  "^«  £1  O  71  ~^  —^  """"  tC  "*•''  "^  -*  •*$•  I—  t—  C1"*  £-1  i  "*  -^  t—  »O  t*  C3  I—  C5"'3iCCCC5C5'Ht~l5O»^'vl'^I^'**'^t->tS'^'l:-"rOCC'"O*-*CO'^*»O 

CJSOl— iu~i— iCCCC  — i    ~  n  t3  o£  O  CC  ~.  »--:  Ci  iCO  CC  ^  £^  *-"*        C5  00  t*  ^  i-l  00        C$  =O  Ci  i-i  *-*  CO        t-Ot-t-OOOCOCO        CO  O  O  CO  -H 

-TH  t-T^O  C5i— 'H«  O* 
0  •**  CC  O  i— "— <  «  O       S 

"*O'T<^OO'5>i5»^CiOOC^'— :ClOCi"^OCCrw^iCi'™5Ci»'*'**l—  "^  —  CC>?5t— t— ^*^  ^'~^;^O2-lOl~'^5'^-^-S^';:£-!31-'^^:5Zi 
cc  •-*<  cc  Ci  cc  ^«  -r  Xi       £7  CT  '"  —•  '-•  t—  c*5  — ^  ?1  *•"•  --  5*  -r  5".  ~f  ~-  ~f  ^  CC  i*  —  "—  C;  O  cc  *  —  >-t  J".  —  "X  -" ~  'C  —  t'i  rt  -^»  o  c;  L—  <— •  ^  5D 

o  ts  o  c-1  -*  —  —  «.*;  "  •»  i*  if^  x  -j; »~  r:  o  -?*  i—  x  »*  rt  »c  ^^  3»  M  os  t- ^#  i— <  co  cc  »c  t-  ao  t-- 3*  ^  cc  3^  cc  c;  ^  x  '.2  S  i"  ^  —  It  &  $Z 
^-  —  *- 1_~  —  -*•!-  —  *»t-^:xr::-o^:  —  »^»ft  —  »^7l*5—  —  ^-  ?^  L*  -x  c:  c~.  t-» :  t  o  ""^/^  P2J^=-T'T-^ir^  —  ^r^-^i-n 

Q5PQ02^^^^49tt^iOOD£^AO^^tt^trB4^9M9^^^^flAkakw<D*w^lflaaD^e^  A^^^  ^^^^^^^ 


=lll 
llii' 

*  o"*'^ 

•?—  *J  J 


C—   CXM 


50 


i" 

O  I^H     0} 

c^ «  ^  — 
'3       573  ^  -> 

•fl  e  5  °  5  S1  o 

35^  25  =  5 
KS>?f""k- 


iii 

o  — ~ 


^^  G  o  ^-  a>  4>^--tS 

.i^-OOOOOOC  >>^   ' 

J^,JJ^JH3h-5i-J-5S<--«' 


g^S 

;~"-3_S 


SBSfckfiQI 


394: 


CANAL  BOARD. 


GOIM       T—  I       CCC<lTH' 


rH       i-irHrHN  NO5C 


NN       rH 


---- 

CCrHr^t-^C-l 
iH       rH       T-II—  1 


rH        Nl—  1        r-I 


•noiqiv 


S^rHr-((M 


•oaiojj 


i—  I5DOCB—  JT—  l 


lOCBl.O-*XOCCi—  ICOIN 

-^ror-li—  ICCr-rrH«5rH 


K5'MT--t-OiC5'l<-*ODi-l«00-*T 


Ot^t-t 

rH  rH  CXI  r 


IM  C«rH( 


Ni--*ra-«ti!3-.  C 


COWrH  COCQ 


DISTANCES. 


395 


1.  ERIE  CANAL. 
Distance  from  place  to  place. 


ALBANY  
West  Troy  
Junction  ,  
Cohoes  
Crescent  

MILES. 
...  0 
7 
...  0 
4 
3 

Weedsport  
Centreport  
Port  Byron  
Montezuma  
Pitt  Lock 

MELES. 
4 
2 
2 
5 

Upper  Aqueduct  
Schenectady  
Hoffman's  Ferry  
Port  Jackson  
Schoharie  Creek  
Auriesville  
Fultonville  
Yatesville  

12 
4 
10 
6 
5 
2 
3 
6 

Clyde  
Lock  Berlin  
Lyons  
East  Arcadia  
Lockville  
Newark  
Port  Gibson  
Palmyra  

6 
6 
4 

3 
3 
1 
8 
5 

Canajoharie  
Fort  Plain  
St.  Johnsville  
Mindenville  

3 
3 
3 
5 
2 

Macedon  
Wayneport  
Knappville  
Fairport  

••  4 
3 
2 
3 

East  Canada  Creek  

4 

Busnnell's  Basin 

Little  Falls  

5 

Cartersville 

Mohawk  

8 

Pittsford        .  . 

Ilion  

3 

Lock  No  65 

Frankfort  

3 

Brighton  .... 

Fergusons  

5 

.Rochester 

Utica  

4 

York  Mills  

3 

Brockways     

Whitesboro"   

1 

Oriskany  

3 

Adam's  Basin  

Rome  

8 

6 

Brockport     

Higginsville   

4 

Holley                   

Dunbarton  

1 

Loomis  

1 

Brockville             

1 

Durhamville  

3 

Lenox  

3 

Albion                   

4 

Canastota  

2 

2 

New  Boston  Landing  

4 

Eagle  Harbor  

1 

1 

3 

Chittenango  

1 

Medina  

4 

Bolivar         

1 

Shelby's  Basin  

3 

Pool's  Brook  

2 

Middleport  

3 

Kirkville      

] 

Reynale's  Basin  

4 

Manlius  

3 

Mabees  

1 

Limestone  Feeder  

1 

Gasport         

1 

Orville  Feeder  

2 

Orangeport  

1 

Lodi                     

4 

Millards    

2 

1 

3 

2 

Sulphur  Springs,  G.  Lock  

5 

Bellisle                                 ... 

4 

2 

Nine  Mile  Creek  

2 

Pickardsville  

5 

1 

3 

5 

Tonawanda  

4 

2 

Lower  Black  Rock  

8 

3 

Black  Rock  

1 

Cold  Spring                  

;  1 

Buffalo  

3 

396 


CANAL  BOARD. 


2.  CHAMPLAIN  CANAL. 


NAMES  OF  PLACES. 

DISTANCE  FROM 

Place  to 
place. 

Albany. 

Whitehall. 

ALBANY           

0 
7 
0 
3 
8 
4 
2 
2 
5 
3 
2 
3 
3 
5 
2 
1 
5 
4 
4 
8 

0 
7 
7 
12 
20 
24 
26 
28 
33 
36 
38 
41 
44 
49 
51 
52 
57 
61 
65 
73 

73 
66 
66 
61 
53 
49 
47 
45 
40 
37 
35 
32 
29 
24 
22 
21 
16 
12 
8 
0 

WEST  TROY  

WATERFORD  

Stillwater  Village  

Bleecker's  Basin  

Wilbur's  Basin  

Van  Deusen's  Landing  

Scliuylerville  

Saratoga  Bridge  

Fort  Miller  

Moses  Kill  

Fort  Edward   

Glens  Falls  Feeder  

Baker's  Basin  

Smith's  Basin  

Fort  Ann  

Comstock's  Landing  

WHITEHALL  

GLENS  FALLS  FEEDER  —  (Champlain  Canal). 
Distance  from  place  to  place. 

MILES. 

Champlain  Canal 0 

Sandy  Hill 2 

Glens  Falls 3 

Head  of  the  Feeder .-.  2 

Head  of  the  Pond 5 


3.  OAYUGA  AND  SENECA  CANAL. 


DISTANCE  FROM 


NAMES  OF  PLACES. 

Place  to 
place. 

Monte- 
zuma. 

Geneva. 

MONTEZITMA    

0 

0 

21 

5 

5 

16 

S.  Dermonts       

2 

7 

14 

Seneca  Falls  

3 

10 

11 

Chamberlain's  Mills  

2 

12 

9 

Waterloo  

2 

14 

7 

Teal's      ..         

5 

19 

2 

GENEVA  

2 

21 

o 

Lateral  Janal  to  East  Cayuga  Village  

2 

DISTANCES. 
4.  OSWEGO  CANAL. 


397 


NAMES  OF  PLACES. 

DISTANCE  FROM 

Place  to 
place. 

Syracuse. 

Oswego. 

SYRACUSE  

0 
2 
3 
2 
1 
5 
2 
2 
3 
3 
4 
4 
4 
1 
2 

0 
2 
5 
7 
8 
13 
15 
17 
20 
23 
27 
31 
35 
36 
38 

38 
36 
33 
31 
30 
25 
23 
21 
18 
15 
11 
7 
3 
2 
0 

SALIXA  

Liverpool  

Mud  Lock  

Cold  Spring  

New  Bridge  

Three  River  Point  

Phoenix  

Sweet's  Lock  

Ox  Creek  

Fulton   

Braddock  s  Rapid  

Tiffanv's  Landing  

High  Dam  

OSWEGO  

SENECA  RIVEK  TOWING  PATH  AND  SENECA  RIVER  IMPROVEMENT. 
Distance  from  place  to  place. 

MILES. 

Mud  Lock C 

Baldwinsville 6 

.  ack's  Reef ..  .    12 


5.   CROOKED  LAKE  CANAL. 


DISTANCE  FROM 


NAMES  OF  PLACES. 

Place  to 
place. 

Seneca 
Lake. 

Crooked 
Lake. 

DRESDEN            

0 

0 

8 

3 

3 

5 

Andrews  &  Ways  

2 

5 

3 

PENN  YAN                         ..        

2 

7 

1 

1 

8 

0 

6.  CHEMUNG  CANAL. 


DI8TAN< 

3E  FROM 

NAMES  OF  PLACES. 

Place  to 
place. 

Seneca 
Lake. 

Elmira. 

Knoxville. 

0 

0 

23 

33 

4 

4 

19 

29 

Millport                                   

6 

1C 

13 

23 

7 

17 

6 

16 

6 

23 

0 

22 

22 

33 

22 

0 

398 


CANAL  BOARD. 


FEEDER  —  (Chemung  Canal). 


NAMES  OF  PLACES. 


DISTANCE  FROM 


Place  to 
place. 


Seneca 
Lake. 


Elmira. 


Knoxvllle. 


HpRSEHEADS    

Miller's  Basin 

Dam  at  head  of  Feeder  . 
Knoxville 


17 
24 
31 
33 


6 

13 
30 
22 


7.  CHENANGO  CANAL. 


NAMES  OF  PLACES. 


DISTANCE  FROM 


Place  to 
place. 


Utica.       Hamilton.     Oxford 


Bingham- 
ton. 


UTICA 0 

Road  leading  from  New  Hartford  to 

Whitesboro* 3 

Clinton  6 

Deanesville 5 

Oriskany  Falls 5 

Solsville   3 

Uouckville 2 

Peck's  Basin 2 

HAMILTON 4 

Lebanon  Factory 2 

Earlsville 4 

Sherburrie 5 

North  Norwich   4 

Plasterville 2 

Norwich 4 

OXFORD  9 

Hayne'sMill 10 

Greene 4 

Forks 8 

Pond  Brook   2 

Port  Crane 5 

Crocker's  Mills 1 

BlNGHAMTON 7 


3 

a 

14 
19 
32 
24 
26 
30 
32 
36 
41 
45 
47 
51 
60 
70 
74 
82 
84 
89 
90 
97 


30 

27 

21 

16 

11 

8 

6 

4 

0 

2 

6 

11 

15 

17 

21 

30 

40 

44 

52 

54 

59 

60 

67 


60 

57 
51 
46 
41 
88 
:« 

34 
HO 
28 
24 
19 
15 
13 
9 
0 
10 
14 
22 
24 
29 
30 
37 


97 

94 
88 
88 
78 
75 
73 
71 
67 
65 
61 
56 
52 
50 
46 
37 
27 
23 
15 
13 
8 
7 
0 


DISTANCES. 


399 


8.  BLACK  RIVER  CANAL. 


NAMES  OP  PLACES. 


DISTANCE  FROM 


Place  to 
place. 


Rome. 


Boonvllle. 


ROME 0 

Ridce  Mills   2 

Lock  No.  7 3 

AVal worth's  Store  House 1 

Belt  (on  Delta  Feeder)  1 

"WoctfirntHllo  2  miles  from 

rnvme Walworth's 

Wells  Brook  Aqueduct 2 

Stringer's  Creek  Aqueduct 1 

Lansing  Kill  Aqueduct 2 

LockNo.31 2 

Lansing  Kill  Dam  or  Feeder 1 

Lower  Falls  Lansing  Kill 2 

Upper  Falls  Lansing  Kill 2 

Lock  No.  70 2 

BOOXVILLE 2 

Hawkinsville  (on  Boonville  Feeder) 3 

A.  Lee's,  '•  '*       2 

K.  B.  Miller's,  "  "       1 

State  Dam,  or  Forest  Port,          "       4 

Head  of  reservoir,  or  Port  Woodhull  (on  Boonville  Feeder)  2 

Sugar  River,  on  Canal M^n 

Little  Falls  (Black  River,  or  Hulbert/s  Mill) 1 

Port  I.eyden 

Lyon's  Falls 3 


5 
6 
7 
9 
11 
12 
14 
16 
17 
19 
21 
23 
25 
28 
30 
31 
35 
37 
28 

29 
32 


25 

23 

20 

19 

18 

16 

14 

13 

11 

9 

8 

6 

4 

2 

0 

3 

5 

6 

10 

12 

3 

4 

1 

10 


BLACK  RIVER  IMPROVEMENT. 


NAMES  OF  PLACES. 


DISTANCE  FROM 


Place  to 
place. 


Lyon's 
Falls. 


Carthage. 


Lyon's  Falls — 

Turin  Landing 

Fish  Creek  Landing 

Carter's  Landing 

House  Creek 

Tiffney's  Landing 

Otter  Creek  

Independence  Creek — 

Long  Reach,  or  Bush  Landing 

Beach  Landing 

Smith's  Landing 

lllingworth  Landing 

Beaver  River 

Stoney  Creek,  or  Blodget'a  Landing. 

Deer  River 

Carthage 


0 
2 
4 
6 
8 
0 

11 

K 
17 
20 
25 

%> 

32 
:3»i 
37 
42 


4:00 


CANAL  BOARD. 
9.  GENESEE  VALLEY  CANAL. 


NAMES  OF  PLACES. 

Distance,  from  place 
to  place. 

DISTANCE  FROM 

fe 
1 
• 

8 

o 

» 

JD 

"E 

S 

o 

o 
03 

ai 

1 

a 
s 
o 

a 

d 
<S 

a 

& 

to 

I 
b 

f 
t 

o 

£ 

"3 

a 
1 

o 

c« 
J3 

0 

1 

ID 

0 

_« 

1 
§ 
Q 

Rochester  

0 
2 
6 
4 
8 
2 
2 
2 
3 
1 
2 
1 
1 
2 
1 
4 
5 
5 
2 
4 
2 
5 
1 
4 
6 
1 
2 
2 
3 
1 
4 
5 
6 
1 
7 
3 
2 
1 
1 

0 
2 
1 
2 
1 
1 
1 
1 
1 
1 

0 
2 

8 
12 
20 
22 
24 
26 
29 
30 
32 
33 
34 
36 
37 
41 
46 
51 
53 
57 
59 
64 
65 
69 
75 
76 
78 
80 
83 
84 
88 
93 
99 
104 
107 
110 
112 
113 
114 

41 
43 
44 
46 
47 
48 
49 
50 
51 
52 

12 

10 
4 
0 

8 
10 
12 
14 
17 
IS 
20 
21 
22 
24 
25 
29 
34 
39 
41 
45 
47 
52 
53 
57 
63 
64 
66 
68 
71 
72 
76 
81 
87 
88 
95 
98 
100 
101 
102 

29 
31 
32 
34 
35 
36 
37 
38 
39 
40 

37 
35 
29 
25 
17 
15 
13 
11 
8 
7 
5 
4 
3 
1 
0 
4 
9 
14 
16 
20 
22 
27 
28 
32 
38 
39 
41 
43 
46 
47 
51 
56 
62 
63 
70 
73 
75 
76 
77 

4 
6 
7 
9 
10 
11 
12 
13 
14 
15 

51 

49 
43 
39 
31 
29 
27 
25 
22 
21 
19 
18 
17 
15 
14 
10 
5 
0 
2 
6 
8 
13 
14 
18 
24 
25 
27 
29 
32 
33 
37 
42 
48 
49 
56 
59 
61 
63 
63 

10 
12 
13 
15 
16 
17 
18 
19 
20 
21 

59 
57 
51 
47 
39 
37 
35 
33 
30 
29 
27 
26 
25 
23 
22 
18 
13 
8 
6 
2 
0 
5 
6 
10 
16 
17 
19 
21 
24 
25 
29 
34 
40 
41 
48 
51 
53 
54 
55 

18 
20 
21 
23 
24 
25 
26 
27 
28 
29 

78 
76 
70 
66 
58 
56 
54 
52 
49 
48 
46 
45 
44 
42 
41 
37 
32 
27 
25 
21 
19 
14 
13 
9 
3 
2 
0 
2 
5 
6 
10 
15 
21 
22 
29 
32 
34 
35 
36 

37 
39 
40 
42 
43 
44 
45 
46 
47 
48 

93 
91 
85 
81 
73 
71 
69 
67 
44 
63 
61 
60 
59 
57 
56 
52 
47 
42 
40 
36 
34 
29 
28 
24 
18 
17 
15 
13 
10 
9 
5 
0 
6 
7 
14 
17 
19 
20 
21 

52 
54 
55 
57 
58 
59 
60 
61 
62 
63 

107 
105 
99 
95 
87 
85 
83 
81 
78 
77 
75 
74 
73 
71 
70 
66 
61 
56 
54 
50 
48 
43 
42 
38 
32 
31 
29 
27 
24 
23 
19 
14 
8 
7 
0 
3 
5 
6 
7 

66 
68 
69 

7i 

72 
73 
74 
75 
76 
77 

52 
50 
44 
40 
32 
30 
28 
26 
23 
22 
20 
19 
18 
16 
15 
11 
16 
21 
23 
27 
29 
34 

a"> 

39 
45 

-46 
48 
50 
53 
54 
58 
63 
69 
70 
77 
80 
83 
83 
84 

11 
9 
8 
6 
5 
4 
3 

1 
0 

Rapids  (Lock  No.  1)  ... 

Tone's  Basin  

Scottsville  

Canawaugus  (Avon  Road)  

Sackett's  Basin  

Fowlerville  Road  

Barclay's  Mill  

Piffardinia  

Spencer's  Basin  

Cuylerville  

Leicester,  Moscow  Landing  .  . 

Genesee  River  Dam  

Mount  Morris  

Shaker  Settlement  

Brush  ville  

Nunda  

Messenger's  Hollow  

Genesee  Falls  (Tunnel  section)... 
Portageville  

Lock  No.  61  

Mixville  Landing,  Wiscoy  Feeder, 
Fillmore  

Caneadea  Centre  

Oramel  

Belfast  

Rockville.  

Caseville  

Black  Creek  Corners  

Cuba  

Ischua  Feeder  

Hinsdale  

Olean  

Western  

Portville  

Oswayne  Creek  

Millgrove..        

DANSVILLE  BRANCH. 
Shaker  Settlement  .... 

Fitzhugh's  Basin  

Kyserville  

Rock  Spring  

Sherwood's  Landing  

Steam  Saw  Mill  

McNair's  Landing  

Woodville  

Comminsville  

Dansville  

10.  ONEIDA.  LAKE  CANAL  AND  FEEDER. 

Extends  from  the  Erie  Canal  at  "Higgins,"  four  miles  west  of  New  London,  to  the  Oneida 

Lake,  as  follows : 

Canal  proper,  from  Higgins  to  Wood  Creek Similes. 

Wood  C.-eek,  with  a  towing-path  to  the  Oneida  Lake 2jtf  miles. 


DISTANCES.  401 

ONEIDA  RIVER  IMPROVEMENT. 
Distance  from  place  to  place. 


MILES. 

Three  River  Point 0 

Peter  Scott  Creek 4 

Oak  Orchard 4 

Caugtaanoy 7 

Brewerton...  . 5 

51  = 


FORM  OF  CONTRACT 


FOE 


WORK  AND  EXTRAORDINARY  REPAIRS, 

USE    IN    1873. 


BOARD   OF  CANAL  COMMISSIONERS. 


Contract  for  Public  Work  on  the  New  York  State  Canals. 


Mr.  contractor  with  the  people  of  the  State 

of  New  York  for  the  construction  of  on  the  canal. 

Dated  the  day  of  ,  18  . 

Work  to  be  completed  on  or  before  the  day  of  ,  18     . 


NEW  YORK  STATE  CANALS,  1873. 


GENERAL  CONTRACT  FOR  CANAL. 


Articles  of  agreement,  made  and  concluded  the  day  of  , 

in  the  year  eighteen  hundred  and  ,  between  of  the 

of         ,  county  of  ,  of  the  first  part,  and  the  people  of  the 

State  of  New  York,  of  the  second  part ;  whereby  it  is  covenanted  and 

agreed  as  follows : 


CANAL    BOARD. 

The  said  ,  party  of  the  first  part,  hereby  covenants  and  agrees 

to  furnish  all  materials,  which  shall  be  of  a  sound  and  good  quality, 
and  perform  all  the  labor  necessary  to  construct  and  to  finish,  in  every 
respect,  in  the  most  substantial  and  workmanlike  manner, 

as  the  same  is  or  may  be  located  for  the  canal 

The  construction  of  the  aforesaid  work  shall  be,  in  all  respects, 
according  to  the  specifications  hereunto  annexed,  which  are  to  be  con- 
sidered as  part  of  this  contract. 

And  it  is  further  agreed,  that,  if  at  any  time  any  overseer  or  work- 
man employed  by  the  party  of  the  first  part  shall  be  declared  to  be 
unfaithful  or  incompetent  by  the  resident  engineer  or  canal  commis- 
sioner having  charge  of  said  work  on  that  part  of  the  canal  embraced 
in  this  contract,  the  said  party  of  the  first  part,  on  notice  of  such 
declaration,  shall  forthwith  dismiss  such  person,  and  shall  no  longer 
employ  him  on  any  part  of  the  work. 

No  public  or  private  road  that  crosses  or  intersects  the  line  of  said 
canal,  or  work,  shall  be  obstructed  by  excavation  or  otherwise,  until 
directions  shall  be  given  by  said  engineer  to  commence  and  complete 
the  canal  or  work  across  said  road  or  highway ;  nor  shall  any  crops  of, 
grain,  grass  or  vegetables,  nor  any  dwelling-house  or  other  building  on 
said  line  be  disturbed,  unless  by  direction  of  said  engineer. 

And  it  is  further  agreed,  by  the  said  party  of  the  first  part,  that  the 
work  hereby  contracted  to  be  done,  as  far  as  may  be  required  by  the 
said  engineer,  shall  be  carried  on  so  as  to  facilitate  and  not  to  incom- 
mode the  prosecution  of  contracts  for  adjoining  or  contiguous  work. 

And  it  is  further  agreed  that  this  contract,  in  every  respect,  shall 
progress  in  such  order,  and  at  such  places  in  the  work,  and  at  such 
times  and  seasons  as  the  canal  commissioners,  or  either  of  them,  or  the 
resident  engineer  may  direct;  and  particular  reference  shall  at  all 
times  be  had  to  the  navigation  of  said  canal,  and  the  safety  of  its  bank 
and  structures,  and  the  work  conducted  in  such  a  manner  as  not  to  dis- 
turb or  interfere  with  the  navigation,  use  and  safety  of  the  same ;  and 
all  precautionary  measures  that  may  be  deemed  necessary  by  said  canal 
commissioners,  or  either  of  them,  or  said  engineer,  to  guard  the  said 
navigation  and  said  canal  against  the  danger  of  interruption  or  injury 
by  the  prosecution  of  this  contract,  shall  be  carried  into  effect  by  the 
said  party  of  the  first  part  at  his  own  cost  and  expense. 

And  it  is  hereby  further  mutually  agreed,  that  the  said  party  of  the 
first  part  will  perform  the  work  embraced  in  this  contract,  and  also 
that  the  canal  commissioner  in  charge  will  pay,  out  of  the  moneys 
appropriated  therefor,  in  full  compensation  for  the  same,  the  following 


FORM  OF  CONTRACT.  405 

sums  at  the  following  rates ;  provided  always,  that  the  total  amount 
paid  by  said  commissioner  to  said  party  of  the  first  part,  shall  not 
exceed,  in  the  aggregate,  the  estimated  amount  of  the  aforesaid  work, 
including  the  expense  for  engineering. 

For  side  chopping,  grubbing  and  clearing,  the  sum  of  dollars. 

For  removing  ice  and  snow,  and  for  pumping,  bailing  and  draining, 
including  the  expense  of  constructing  and  removing  coffer  dams,  exca- 
vating ditches,  and  all  other  items  of  cost  caused  by  pumping,  bailing 
and  draining,  the  sum  of  dollars. 

For  all  earth  excavations,  whether  of  clay,  loam,  sand,  gravel,  pure, 
mixed  or  combined,  including  soft  or  rotten  rock,  which,  in  the  opinion 
of  the  resident  engineer,  can  be  plowed,  and  stone  measuring  less  than 
half  a  cubic  yard,  and  for  the  removal  of  all  slope  Avail,  vertical  wall  and 
docking,  at  the  rate  of  cents  per  cubic  yard. 

For  excavation  of  all  rock,  which,  in  the  opinion  of  the  resident  en- 
gineer, cannot  be  excavated  without  blasting  as  cheaply  as  with  blasting, 
at  the  rate  of  dollars  and  cents  per  cubic  yard. 

For  excavation  of  rock,  which,  in  the  opinion  of  the  resident  engineer, 
can  be  excavated  without  blasting  as  cheaply  as  with  blasting,  at  the 
rate  of  cents  per  cubic  yard. 

For  excavation  of  old  masonry,  at  the  rate  of  dollars  and 

cents  per  cubic  yard. 

For  embankment,  as  provided  in  specifications,  at  the  rate  of  cents 
per  cubic  yard. 

For  lining,  as  provided  in  specifications,  at  the  rate  of  cents  per 
cubic  yard. 

For  puddling  earth,  as  provided  in  specifications,  at  the  rate  of 
cents  per  cubic  yard. 

For  procuring  and  puddling  in  gravel  between  foundation  timbers,  and 
at  sheet-piling,  at  the  rate  of  cents  per  cubic  yard. 

For  slope  wall  and  pavement,  at  the  rate  of  dollars  and        cents 

per  cubic  yard. 

For  loose  stone,  at  the  rate  of        cents  per  cubic  yard. 
For  loose  stone  and  gravel,  intermixed  with  brush,  at  the  rate  of 
cents  per  cubic  yard. 

For  vertical  or  battered  rubble  walls,  laid  in  hydraulic  mortar,  at  the 
rate  of  dollars  and  cents  per  cubic  yard. 

For  vertical  or  battered  rubble  walls,  laid  dry,  dollars  and 

cents  per  cubic  yard. 

For  masonry  in  abutments,  piers,  wings,  spandrels  and  parapets,  laid 
in  hydraulic  mortar,  at  the  rate  of  dollars  and  cents  per  cubic 

yard. 

For  masonry  in  abutments,  piers,  wings,  spandrels  and  parapets,  laid 
dry,  at  the  rate  of  dollars  and  cents  per  cubic  yard. 


406  CANAL    BOARD. 

For  masonry  in  arches,  laid  in  hydraulic  mortar,  including  centers, 
and  removing  the  same,  at  the  rate  dollars  and  cents  per 

cubic  yard. 

For  masonry  in  arches,  laid  dry,  including  centers,  and  removing  the 
same,  at  the  rate  of  dollars  and  cents  per  cubic  yard. 

For  coping,  at  the  rate  of  dollars  and  cents  per  cubic  yard. 

For  concrete  masonry,  at  the  rate  of  dollars  and  cents  per 

cubic  yard. 

For  white  oak  timber,  boards,  plank  and  scantling,  at  the  rate  of 
dollars  and  cents  per  M.  feet,  B.  M. 

For  white  pine  timber,  boards,  plank  and  scantling,  at  the  rate  of 
dollars  and  cents  per  M.  feet,  B.  M. 

For  red  beech  or  white  elm  timber,  boards,  planks  or  scantling,  at  the 
rate  of  dollars  and  cents  per  M.  feet,  B.  M. 

For  hemlock  or  spruce  timber,  boards,  plank  or  scantling,  at  the  rate 
of  dollars  and  cents  per  M.  feet,  B.  M. 

For  white  cedar  or  chestnut,  at  the  rate  of  dollars  and          cents 

per  M.  feet,  B.  M. 

For  bearing  piles,  delivered  as  per  bill,  at  the  rate  of  cents  per 

lineal  foot. 

For  driving  bearing  piles,  measured  in  the  work,  at  the  rate  of 
cents  per  lineal  foot. 

For  wrought-iron  work,  at  the  rate  of  cents  per  pound. 

For  cast-iron  work,  at  the  rate  of  cents  per  pound. 

For  spikes  and  nails,  at  the  rate  of  cents  per  pound. 

For  zinc,  at  the  rate  of  cents  per  pound. 

For  sulphur  and  sand  cement,  dollars  per  each  structure. 

For  painting  and  sanding,  at  the  rate  of  cents  per  square  yard. 

For  constructing  road,  at  the  rate  of  dollars  and  cents 

per  rod. 

The  prices  above  specified  are  to  be  in  full  compensation  for  all 
materials  and  labor  required  to  put  the  same  into  the  work  herein  con- 
tracted for,  and  complete  the  whole  work  in  all  respects,  including  the 
expense  of  famishing  all  the  materials,  and  performing  all  the  work 
according  to  the  plans,  specifications,  and  notices  exhibited  at  the  let- 
ting of  said  work,  which  said  notice  and  the  papers  hereto  annexed,  as 
far  as  applicable,  form  a  part  of  this  contract. 

And  the  said  party  of  the  first  part  hereby  further  agrees  to  perform 
all  the  work  contracted  for,  as  specified  in  this  contract,  but  any  altera- 
tion in  the  form,  dimensions,  location  or  manner  of  doing  work  ordered 
by  the  canal  commissioner  and  division  engineer,  in  accordance  with 
section  9  of  chapter  377,  of  Laws  of  1850,  or  of  subsequent  enact- 
ments relating  to  public  work,  shall  be  made  as  directed,  and  when  the 


FORM  OF  CONTRACT.  407 

several  quantities  of  work,  or  any  of  them,  from  this  or  any  other 
cause  that  may  enhance  the  cost  of  the  work,  shall  be  increased  beyond 
the  amount  or  amounts  exhibited  at  the  time  of  letting  this  contract, 
such  increase  shall  be  paid  for  at  the  rates  herein  provided  for  the 
same  class  of  work ;  and  whenever  the  several  quantities  of  work,  or 
any  of  them,  shall,  in  any  respect,  from  this  or  any  other  cause,  be 
diminished  below  the  amount  or  amounts  exhibited  at  the  time  of  let- 
ting this  contract,  the  party  of  the  first  part  hereby  agrees  to  perform 
the  remaining  work  at  the  prices  stipulated  in  this  contract,  and  to 
make  no  claim  for  demages  in  consequence  of  such  increase  or 
diminution. 

And,  it  is  also  hereby  further  mutually  agreed,  that  the  aforesaid 
party  of  the  first  part  shall  receive  and  use  in  the  work  herein  con- 
tracted for,  such  timber,  stone,  iron  and  other  materials  as  shall  be  fur- 
nished by  the  State,  and  that  all  materials  found  in  the  mechanical 
structures,  or  in  the  slope  wall,  vertical  wall  and  docking  of  the  old 
canal,  within  the  limit  of  this  contract,  shall  be  considered  the  property 
of  the  State,  and  the  party  of  the  first  part  shall  carefully  select  and 
preserve  them,  and  when  directed  by  the  engineer  in  charge,  shall  use 
the  same  in  the  construction  of  the  work,  and  shall  allow  for  all  of 
said  materials  furnished  or  found,  such  sum  or  sums  as  the  division 
and  resident  engineers  shall  deem  equitable,  and  the  value  thereof  shall 
be  deducted  from  the  total  amount  of  work  done;  and  when  materials 
other  than  above  mentioned,  are  found  in  the  excavation,  or  in  places 
from  which  earth  for  embankment  is  obtained,  the  party  of  the  first 
part  shall  be  allowed  to  use,  without  charge  therefor,  all  such  materials 
as  the  engineer  in  charge  may  approve  of  and  deem  necessary  and 
proper  in  the  construction  of  the  work ;  but  any  surplus  materials 
shall  be  considered  the  property  of  the  State,  and  shall  be  deposited 
as  directed  by  said  engineer. 

And,  it  is  hereby  further  agreed,  that  fifteen  per  cent  of  the  amount 
of  work  done,  or  materials  furnished  under  this  contract,  at  the  con- 
tract price  thereof,  shall  be  reserved  by  the  canal  commissioners  until 
the  whole  work,  which  is  the  subject  of  contract,  shall  be  fully  and 
entirely  completed. 

And,  it  is  further  agreed,  that  within  twenty  days  from  the  expira- 
tion of  each  month  in  which  the  work  herein  contracted  for  shall  have 
been  prosecuted  according  to  the  terms  and  conditions  of  this  contract) 
the  aforesaid  commissioner  will  pay  therefor  such  sums,  as  shall  not, 
together  with  former  payments,  exceed  the  amount  actually  due  under 
this  contract,  according  to  the  estimate  of  the  engineer,  except  the 
sum  due  on  the  final  account ;  but,  if,  at  any  time  after  such  payments 


4:08  CANAL    BOARD. 

have  been  made,  either  of  the  canal  commissioners,  or  any  of  the 
engineers  employed  on  the  work,  shall  discover  that  any  of  the  work 
included  in  the  estimates,  on  which  such  payments  have  been  made, 
has  been  performed  in  an  unworkmanlike  manner,  or  contrary  to  the 
said  specifications,  the  canal  commissioner  or  resident  engineer  shall 
direct  the  party  of  the  first  part  to  take  down,  and  rebuild  such  work 
in  the  manner  required  by  the  said  specifications,  and  no  further  pay- 
ments on  this  contract  shall  -be  made  until  the  said  party  of  the  first 
part  shall  comply  with  such  directions. 

Provided,  however,  and  it  is  expressly  covenanted  and  agreed,  on 
the  part  of  the  said  party  of  the  first  part,  that  the  work  hereby  speci- 
fied and  embraced  in  this  contract  shall  be  commenced  and  properly 
prosecuted  at  the  times  and  in  the  manner  directed  by  the  resident 
engineer  or  canal  commissioner  in  charge,  and  that  the  said  work  sljall 
be  performed  and  completed  on  or  before  the  day  of  ,  in 

the  year  one  thousand  eight  hundred  and 

And  it  is  further  mutually  understood  and  agreed,  that,  in  case  the 
exe'cution  of  this  contract  shall  be  suspended  by  the  party  of  the 
second  part  at  any  time,  or  for  any  cause,  no  claim  for  prospective 
profits  on  work  not  done  shall  be  made  or  allowed ;  but  the  party  of 
the  first  part  shall  have  the  right  to  complete  the  work  when  th3 
party  of  the  second  part  shall  order  it  to  be  resumed. 

And  it  is  further  agreed,  that  if,  in  the  opinion  of  the  resident 
engineer,  the  said  party  of  the  first  part  shall  refuse  or  neglect  to  com- 
mence, or  properly  execute  the  work  embraced  in  this  contract,  or  shall 
violate  any  of  its  provisions,  or  perform  the  work  in  an  improper  man- 
ner, the  said  engineer  may  certify  the  same  in  writing  to  the  board  of 
canal  commissioners,  and  in  such  case  the  said  board,  or  a  majority  of 
them,  shall  have  power,  by  resolution  to  be  entered  on  their  minutes, 
to  certify  and  declare  that  this  contract  has  been  violated  and  aban- 
doned by  the  said  party  of  the  first  part ;  and,  on  the  making  of  such 
certificate,  the  said  contract  shall  be  deemed  violated  and  abandoned, 
and  the  sum  of  money,  bonds  or  stocks  required  by  the  commissioners 
as  security  for  the  entering  into  said  contract,  together  with  such  other 
additional  securities  as  they  may  have  required,  and  then  hold  as 
security  for  the  completion  of  the  work  under  this  contract,  shall  be 
forfeited  to  the  State,  and  paid  into  the  treasury  and  become  a  part  of 
the  canal  fund. 

And  it  is  hereby  further  understood  and  agreed  between  the  parties  to 
this  contract,  that  in  case  of  delays  arising  in  the  progress  of  the  work, 
either  from  neglect  or  inability  on  the  part  of  the  said  part)'  of  the  first 
part,  which  may,  in  the  opinion  of  the  canal  commissioner  in  charge, 


FORM  OF  CONTRACT.  409 

retard  the  opening  of  the  canal,  or  in  any  way  embarrass  or  inter- 

fere with  its  navigation,  said  canal  commissioners,  or  any  one  of  them, 
may  direct  the  resident  engineer  to  employ  a  sufficient  force,  and  purchase 
the  necessary  materials  to  complete  the  work,  or  such  portion  of  it  as 
may  be  necessary  to  secure  navigation,  according  to  the  specifications 
hereunto  annexed ;  and  all  expenses  incurred  in  the  performance  of  such 
work  shall  be  paid  for  by  the  said  canal  commissioners,  on  the  affidavit 
of  the  engineer,  and  the  amount  shall  be  charged  to  the  account  of 
the  aforesaid  party  of  the  first  part. 

And  the  said  party  of  the  first  part  further  promises  and  agrees  not 
to  give,  or  sell,  or  allow  to  be  given  or  sold,  by  any  agent  or  agents 
in  his  or  in  their  employ,  any  ardent  spirits  to  the  workmen  or  any 
other  persons,  on  or  near  the  line  of  said  canal,  or  allow  any  to  be 
brought  on  the  work  by  the  laborers  or  any  other  persons. 

And  the  said  party  of  the  first  part  hereby  further  promises  and 
agrees  to  perform  the  several  stipulations  of  this  contract  by  the  eaid 
party  of  the  first  part  and  workmen  under  said  party's  immediate 
superintendence,  and  not  by  a  sub-contract  or  sub-contractor. 

And  it  is  hereby  further  mutually  agreed,  that  the  resident  engineer, 
for  the  time  being  in  the  employ  of  the  State,  on  the  work  herein  con- 
tracted for,  shall  in  all  cases  determine  the  amount  or  quantity  of  the 
several  kinds  of  work  which  are  to  be  paid  for  tinder  this  contract,  and 
the  amount  of  compensation  to  be  paid  therefor,  which  compensation 
shall  not  exceed  the  prices  agreed  upon  for  the  items  of  work  herein 
specified,  or  a  just  and  reasonable  price  for  necessary  extra  work  done, 
directed  and  ordered  pursuant  to  law,  and  not  otherwise  provided  for, 
and  shall,  within  ninety  days  after  the  work  shall  in  all  respects  have 
been  completed  according  to  the  terms  and  conditions  of  this  contract, 
present  a  final  account  and  estimate  of  the  same  to  the  division  en- 
gineer of  the  division  of  the  State  canals  upon  which  said  work  is 
located,  who  shall  review,  and,  when  satisfactory,  approve  and  deliver 
the  same  to  the  canal  commissioner. 

And  it  is  further  agreed,  that  in  case  of  any  misunderstanding  or  dis- 
agreement between  the  resident  engineer  and  the  said  party  of  the  first 
part,  or  with  the  canal  commissioner  in  charge,  in  regard  to  making 
up  the  final  account  of  work  on  said  contract,  the  said  account  shall  be 
referred  by  either  of  the  said  parties  to  the  State  engineer  and  sur- 
veyor and  said  division  engineer,  who  shall  examine  the  same,  and 
decide  whether  it  is  made  up  according  to  the  strict  terms  of  the 
specification  and  contract,  and  at  just  and  reasonable  amounts  and 
prices  for  all  materials  that  may  have  been  furnished  by  the  State, 
and  for  all  necessary  extra  work  that  shall  have  been  ordered  and 
52 


410  CANAL    BOARD. 

directed  pursuant  to  law,  and  done  by  the  party  of  the  first  part,  and 
such  decision  shall  be  final  and  conclusive,  subject,  however,  to  revis- 
ion by  the  canal  board  before  the  same  is  paid,  as  now  provided  by 
law. 

And  within  ninety  days  after  the  work,  in  the  opinion  of  the  afore- 
said resident  engineer,  shall  have  been  fully  completed  as  above 
directed,  and  the  final  account  thereof  approved  and  settled  as  herein 
provided,  the  aforesaid  confinissioner  shall  pay  to  the  said  party  of  the 
first  part  the  sum  which,  according  to  said  final  account,  shall  remain 
due,  and  take  a  receipt  in  full  for  the  same. 

Witness  our  hands  and  seals  on  the  day  and  year  above  written. 


Canal  Commissioners. 


STATE  OF  NEW  YORK,    )  ? 
County,  \ 

On  this  day  of  ,  18     ,  before  me  appeared 

,  who  acknowledged  that  he  executed  the  foregoing  instrument, 
and  ]  certify  that  I  know  the  person  who  made  said  acknowledgment 
to  be  the  individual  of  the  first  part  described  in  and  who  executed 
the  said  instrument. 

Appropriation  and  description  of  Canal  Lands. 

The  manuscript  maps  and  field  notes  of  the  canals  of  this  State,  which  were  pre- 
pared and  approved  in  pursuance  of  the  provisions  of  chapter  9,  title  9,  article  1,  of  the 
Revised  Statutes  of  1827  (see  sections  213-217,  p.  130  of  this  Manual),  besides  the 
formal  certificate  of  compilation  by  the  board  of  canal  commissioners,  and  the 
formal  certificate  of  approval  by  the  canal  board,  under  their  signatures,  and  the 
statement  of  the  comptroller  that  the  same  had  been  filed  and  deposited  in  his  office 
are  prefaced  by  the  following  explanation  of  the  canal  commissioners,  showing  the 
plan  or  method  of  the  surveys,  and  the  full  extent,  scope,  and  meaning  of  their 
appropriation  of  lands  and  waters  taken  for  canal  purposes. 

"  Explanatory  Remarks. 

"  The  red  line,  described  along  the  inner  edge  of  the  towing-path, 
is  the  line  upon  which  all  the  measurements  in  the  direction  of  the 
length  of  the  canal  were  made.  The  bearings  of  the  different  por- 
tions of  this  line  are  given  in  reference  to  the  magnetic  meridian,  as 
the  same  stood  in 

"  The  length  of  the  several  portions  is  inserted  at  the  end  of  each, 
in  chains  and  links.  The  offsets  at  each  station  are  represented  by 


FORM  OF  CONTRACT.  41 1 

red  lines  drawn  across  the  canal  in  such  a  direction  as  to  bisect  the 
angles  formed  by  the  two  contiguous  portions  of  the  red  or  base  line, 
as  it  is  termed,  upon  the  towing-path.  The  intermediate  offsets  are 
described  at  right  angles  to,  and  the  distance  upon  both  given  from 
the  base  line  in  links.  The  latter  are  represented  by  red  dotted  lines, 
and  the  distances  to  them  upon  the  base  line  reckoned,  in  each  case, 
from  the  last  preceding  station.  The  same  is  likewise  done  with  the 
other  distances  upon  the  base  line;  those  to  the  bridges  being  taken 
to  the  lines  joining  the  nearest  angles  or  corner-posts  of  their  abut- 
ments ;  those  to  the  locks  extending  to  the  lines  passing  though  the 
center  of  the  two  nearest  quoin  posts,  and  those  to  the  aqueducts,  to 
the  faces  of  their  abutments. 

"  The  space  inclosed  by  the  blue  lines  represents  the  portion  em- 
braced within  the  limits  of  the  survey,  as  belonging  to  the  State,  and 
the  names  of  the  adjoining  proprietors  given  as  they  stood  at  the  time 
of  executing  the  survey.  The  distances  are  projected  upon  a  scale  of 
two  chains  to  the  inch. 

"  Where  the  red  cross  lines  extending  from  the  red  base  line  toward 
any  stream,  either  have  no  figures  denoting  their  length,  or  have  a 
cross  (x)  annexed  to  the  figures,  the  canal  extends  to  and  into  the 
stream.  Where  any  stream  or  pond  is  on  the  same  level  with  the 
waters  of  the  canal,  and  the  navigation  is  conducted  in  such  stream  or 
pond,  the  stream  or  pond  is  included  in  the  canal  to  the  high-water 
mark  of  the  stream,  with  a  berme  on  each  side  of  fifteen  links,  where 
no  to  .ving-path  is  designated  on  the  map. 

"  The  spoil-banks  belonging  to  the  State,  of  earth,  gravel  and  stone, 
taken  from  the  canal  and  its  banks  in  constructing  them,  are  not  desig- 
nated on  the  map. 

"  The  houses,  shops,  barns  and  other  erections  within  the  blue  lines, 
except  those  constructed  by  the  State,  are  encroachments  on  the 
canal. 

"Streams,  channels  and  ditches  leading  from  waste-weirs,  waste 
gates,  culverts  and  aqueducts,  though  not  included  within  blue  lines, 
have  been  appropriated  as  drains  to  such  waste-weirs,  gates,  culverts, 
and  aqueducts.  The  lengths  of  the  offsets  and  other  cross  lines  are  to 
be  taken  to  the  extent  the  figures  indicate.  In  some  cases  the  beds  of 
rivers  and  streams  were  excavated  and  improved  for  the  purpose  of 
the  free  and  safe  discharge  of  water  under  aqueducts  and  culverts,  and 
for  the  purpose  of  guarding  against  damage  by  ice  floods  and  floating 
materials,  and  for  the  purpose  of  giving  a  direction  to  the  stream 
above  and  below  aqueducts  and  culverts. 


412  CANAL    BOARD. 

"In  many  such  cases,  public  works,  of  the  description  mentioned, 
are  not  included  within  the  blue  lines  indicating  the  boundary  of  the 
canal. 

"  In  these,  and  all  other  cases  of  a  similar  nature,  the  State  claims, 
beyond  the  blue  lines,  so  far  as  will  enable  it,  in  all  cases,  to  repair, 
maintain  and  defend  its  works  ;  claiming,  as  of  right,  in  all  places,  not 
only  that  which  may  strictly  be  considered  the  canal,  but  every  thing 
fairly  connected  with  its  safety,  beneficial  use  and  enjoyment." 

The  foregoing    EXPLANATORY  REMARKS  have  been   prepared   as  a 

part  of  this  book  containing  volume  number  ,  of  the  map  of  the 

canal,  previous  to  the  time  of  submitting  the/MAp  and 

FIELD    NOTES  of   the  said  canal   to  the  canal   board   for  its 

approbation. 

Dated,  this  day  of  ,  183     . 

Signed,  etc., 


Canal  Commissioners. 


STATE  OF  NEW  YORK,  ) 
CANAL  DEPARTMENT.       f 

I  HEREBY  CERTIFY  that  the  foregoing  printed  statements  of 
the  "regulations  relative  to  the  weighing  and  inspecting  of 
boats  and  their  cargoes;"  "  relative  to  tolls  on  passenger  s  ;" 
"relative  to  the  navigation  of  the  canals /"  the  "authority  to 
canal  officers  to  sue  for  penalties  /"  "miscellaneous  regula- 
tions;" and  of  the  "Rates  of  Toll"  to  be  collected  on  the 
canals  of  this  state,  are  true  copies  from  the  original  minutes 
of  the  Canal  Board. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and 
seal  of  office,  this  day  ,18    . 

» 

Auditor. 


INDEX, 


A.  —  LAWS. 
ABANDONED  CANAL  LANDS: 

Section.  Page. 

when  they  may  be  sold 199,  123 

when  they  may  be  released 200,  123 

preferences 201,  123 

inquiry  into  rights  of  parties 202,  124 

privileges  extended  in  certain  cases 203,  124 

exceptions 204,  124 

Directions  to  applicants  for  grants note,  124 

ALBANY  : 

tolls  on  railroad  bridge  to  be  approved  by  canal  board,  note,  227 

ALBANY  BASIN note,  176 

loan  for  work  and  in  lieu  of  tolls 344,  175 

appropriation  and  conditions 345,  175 

tolls  to  pier  owners  repealed 346,  176 

final  settlement 347,  176 

tolls  to  be  computed  for  one  mile 348,  176 

improvement  of  basin 349,  177 

narrowing  of,  near  Quay  street 350,  177 

bridges,  injuries  to 351,  177 

pier  opening  may  be  contracted 352,  177 

new  opening  above  Columbia  street 353,  178 

liability  of  state  and  city 354,  178 

full  depth  of  water  to  be  maintained 355,  178 

wharfage  or  dockage 356,  178 

work  to  be  protected 357,  179 

liability  of  state  limited 358,  179 

certificate  required 359,  180 

action  for  damages,  by  freshet  of  1869 360,  180 

APPEALS  : 

[See  "  Canal  Appraisers."] 

APPRAISEMENT  OF  DAMAGES: 

[See  "  Canal  Appraisers."] 

APPRAISERS,  CANAL: 

[See  "  Canal  Appraisers."] 

APPROPRIATIONS, 

by  constitution  of  1846  : 

for  canal  debt  and  sinking  fund 1,  57 


416  INDEX.     A.  —  LAWS. 

APPROPRIATIONS  —  Continued.                                                  section.  Page. 
by  constitution  of  1846  —  Continued. 

for  general  fund  debt  and  sinking  fund 2,  57 

for  sinking  fund,  enlargement,  revenue,  certificates, 

etc.  (amendment  of  1854)    . 3,  58 

how  to  be  made  by  law 8,  61 

final  passage  of 14,  63 

by  subsequent  statutes : , 

for  enlargement  in  1854 4.. ...     78,  92 

for  revenue  certificates 80,  93 

for  sinking  fund 81,  93 

for  deficiencies,  in  1855 84,  94 

for  enlargement 85,  94 

for  enlargement  in  1856 86,  95 

for  claims,  etc.,  in  1859 89,  96 

provision  in  repair  contract  acts note,  119 

for  Champlain  enlargement  in  1870 228,  135 

United  States  may  provide  for  ship  canals 235,  138 

provisions  in  acts  for  new  works,  etc note,  161 

[See  "  Loans."] 

ANALYSIS: 

of  extracts  from  constitution 7 

of  canal  laivs 9 

ATTORNEY-GENERAL  : 

may  bring  certiorari  in  certain  cases 96,  99 

proceedings  thereon 97,  9'.» 

not  to  prevent  appeal 98,  99 

preferences  in  the  courts 99,  100 

appeals  by  state  officers  without  security 100,  100 

such  appeal  to  have  preference 101,  100 

no  injunction  to  issue  out  of  district,  etc 102,  100 

when  governor  may  appoint  counsel 103,  100 

proceedings  in  name  of  people,  how  governed 104,  101 

shall  prepare  papers  for  certain  officers 154,  112 

AUDITOR  OF  THE  CANAL  DEPARTMENT. 

duty  of,  when  bonds  are  not  filed 26,  73 

charges  on  the  canal  fund  defined 105,  101 

compensation  of  canal  appraisers,   and   their  office 

expenses  to  be  paid  from 107,  102 

compensation  to  ex-appraisers 108,  102 

of  the  canal  department 109,  102 

office  of  auditor  created  ;  chief  clerk  abolished 110,  103 

powers  and  duties  of,  defined Ill,  103 

seal  of  office 112,  103 

books  and  papers,  where  to  be  kept 113,  103 

copies  of,  to  be  evidence  . . . . , 114,  103 

to  employ  and  pay  clerks 115,  103 

to  make  annual  statement  of  tolls,  trade  and  tonnage,  116,  104 

canal  funds  to  be  paid  into  treasury 117,  104 

balances  to  be  credited  to  treasurer 118,  104 

moneys,  how  transferred  by  warrant 119,  105 


'INDEX.    A.— LAWS.  417 

AUDITOB — Continued.  Section.  Page. 

all  moneys  paid  by  treasurer  on   warrant  of  the 

auditor 120,  105 

warrant  must  specify  law,  chapter,  date  and  item  of 

appropriation 121,  105 

to  countersign  treasurer's  checks 122,  105 

to  keep  account  of  receipts  and  payments 123,  105 

to  make  report  thereof  annually 124,  105 

report  to  the  legislature 125,  105 

may  designate  a  clerk  as  act  nig  auditor 126,  106 

may  designate  a  clerk  as  deputy  auditor 127,  106 

may  designate  a  clerk  as  secretary  of  the  canal  board,  128,  106 

governor  to  appoint  auditor 129,  106 

suspension  for  violation  of  duty. 130,  106 

term  of  office  and  salary 131,  107 

compensation  of  clerks 132,  107 

expenses  of  canal  department 133,  107 

compensation  of  collectors,  etc 134,  107 

penalties  remitted  and  tolls  refunded,  how  paid ....  135,  107 

may  remove  collectors  and  fill  vacancy 136,  108 

payment  of  awards  for  damages,  when  made 137,  108 

money  for  damages,  when  to  be  deposited 138,  108 

certificate  of  title  before  payment 139,  108 

not  to  pay  drafts,  unless  on  verified  measurements. .  140,  109 

conditions  to  payments  to  contractors 141,  109 

measurement  to,  accompanying  receipt 142,  109 

expenses,  engineer  department,  how  paid 143.  109 

engineer  to  file  bond 144,  109 

engineer  to  render  accounts 145,  110 

commissioner  to  certify  such  accounts 146,  110 

superintendents  of  repairs,  advances  to 147,  110 

form  of  detailed  estimates 148,  110 

estimates  to  be  certified  by  commissioner 149,  110 

purchases  for  state,  how  made,  vouchers  for 150,  111 

to  settle  canal  commissioners'  accounts  and  report,  151,  111 

when  to  act  in  place  of  commissioner 152,  111 

when  to  suspend  weighing  at  Syracuse 153,  112 

attorney-general  to  furnish  drafts  of  contracts,  etc.,  154,  112 

auditor  to  prepare  and  furnish  blanks,  forms,  etc.. .  155,  112 

awards  and  certificates,  when  to  bear  interest 156,  112 

to  cease  after  notice  of  time  of  payment 157,  113 

treasurer  to  pay  auditor's  warrant  for 158,  113 

fiscal  year,  to  date  from  October  1 159,  113 

books  and  accounts  to  correspond  thereto 160,  113 

officers'  accounts  to  close  September  30 161,  113 

annual  reports  of  state  officers 162,  1 1 3 

of  the  public  printing 163,  114 

duties  under  repair  contract  system note,  117 

may  require  affidavits  and  administer  oaths 282,  153 

payment  of  contractors'  drafts 308,  164 

commissioners'  certificates  for  final  accounts 313,  165 

certificates  for  appraisers'  awards note,  165 

tolls,  acts  relating  to 498,  224 

53 


418  INDEX.     A.  — REGULATIONS,  ETC. 

AUDITOR  —  Continued.  section.  Page- 
rules,  regulations,  etc.,  how  certified 520,  229 

remission  of  penalties 524,  229 

when  not  to  be  remitted 527,  230 

to  publish  proceedings  of  canal  board 549,  236 

leases  for  mills  and  use  of  water 609,  251 

as  to  superintendent's  account 630,  257 

how  verified  by  commissioner 631,  257 

publication,  superintendents'  abstract I . .  638,  259 

filing  same 639,  260 

to  prescribe  form  of  abstract 640,  260 

form  prescribed  by  auditor 371 

certificate  of  publishing  or  filings 641,  260 

collectors'  books  and  accounts 650,  261 

banks  to  report  monthly,  deposits  when  changed. . .  653,  262 

to  regulate  the  refunding  of  tolls 654,  262 

proceedings  against  collectors 655,  262 

collectors  not  to  select  measurers  of  timber,  etc. ...  658,  263 

to  certify  to  number  of  collector's  clerks 659,  263 

to  keep  registry  of  boats 673,  268 

to  change  register  on  proof  of  transfer 674,  268 

copies  to  collectors 675,  268 

not  to  change  name  of  boats,  unless  to  conform  to 

United  States  custom-house  regulations,  etc 679,  269 

penalty  for  false  bill  of  lading 684,  270 

returns  on  sale  of  abandoned  property 730,  278 

registry  of  liens  by  mortgages  on  boats,  tugs,  scows, 

or  other  craft 747,  281 

certificate  of,  under  seal,  of  copies  of  regulations,  etc 413 

AUTHORITY  FOR  REGULATIONS  : 

[See  "  Regulations."] 

A.  —  REGULATIONS,  ETC. 

Additional  toll : 

Reg.  No. 

how  entered  and  receipted 11,  339 

Affidavit : 

of  agent's  clerk  or  tallyman 1,  333 

Res.  No. 

of  measurers  of  lumber  or  wood 38,  367 

of  master  of  boat  laden  with  lumber 38,  367 

of  shipper  of  lumber  destined  to  New  York 40,  367 

of  master  of  boat  for  New  York 40,  367 

Agents  of  line  : 

Reg.  No 

may  sign  bill  of  lading 1,  334 

Albany: 

weighing  boats  at 5,  337 

clearances  to  New  York  boats 6,  337 

boat  from,  inspected  at  Schenectady 13,  340 


INDEX.     B.  — LAWS.  419 

BEGULATIONS,  ETC. —  Continued. 

A  Ibany  —  Continued.                                                             Reg.  No>  Page< 

little  basin,  margin  of 56,  351 

Res.  No. 

Oswego  tolls,  account  of 13,  362 

Assistant  weigkmaster : 

how  appointed  or  removed 15,  362 

how  to  sign  as  assistant 32,  365 

oath,  to  be  indorsed  and  filed 33,  365 

to  act  as  inspectors 34,  365 

duties  of 35,  366 

Auditor : 

duties  as  secretary  of  canal  board rules,  329 

Reg.  No. 

to  give  directions  on  report  of  frauds,  or  prosecute 

for  perjury 7,  338 

division  4f  treble  tolls  received 8,  338 

may  commute  for  tolls  on  passengers 27,  343 

to  report  breaks  to  collector's  offices 85,  359 

Res.  No. 

to  furnish  blanks,  forms,  etc 5,  360 

may  remove  collectors,  weighmasters,  or  their  assist- 
ants        16,  362 

Authority : 

to  sue  for  penalties 

Reg.  No. 

to  collectors  of  tolls 65,  353 

to  superintendents 66,  353 

to  weighmasters 67,  353 

to  lock-tenders 68,  353 


B.  —  LAWS. 
BALDWINSVILLE  DAM,  ETC.: 

Section. 

navigation  of  Seneca  river  extended 375,  187 

height  of  dam,  monuments,  etc 376,  187 

flush  boards 377,  188 

surplus  waters,  structures  to  be  maintained 378,  188 

subject  to  canal  laws 379,  188 

dam  to  be  rebuilt  of  stone 380,  189 

tolls  on  river,  above  dam 503,  225 

tolls  on  river  improvement  and  dam 504,  226 

BANKS  : 

canal  fund  deposits,  interest,  etc 50,  84 

toll  deposits,  terms  and  conditions 511,  227 

salt  revenues 512,  227 

deposit  by  collectors ...  652,  261 

monthly  account  to  auditor 653,  262 


420  INDEX.     B-— LAWS. 

BANKS  OF  CANALS  :                                                                 seetiou.  Page. 

injuries  to,  penalty 787,  291 

riding  or  driring  thereon,  penalty 788,  291 

BEAVER  RIVER  : 

surveys  on 405,  197 

tolls  on 506,  226 

BILLS  OF  LADING: 

[See  "  Collection  of  Tolls."] 
BlNGHAMTON : 

highway  on  portion  of  Chenango  canal 398,  194 

railroad  on  Chenango  extension 401,  195 

BLACK  RIVER  CANAL,  AND  ERIE  CANAL  FEEDER  : 

designation  and  description  of 210,  129 

BLACK  RIVER  IMPROVEMENT: 

from  High  Falls  to  Carthage note,  198 

BLACK  RIVER  RESERVOIRS  : 

surveys  ordered  on  Black,  Moose  and  Beaver  rirers,  405,  197 

dams,  gates,  etc.,  to  be  constructed 406,  198 

structures  made  part  of  public  works;   supply  of 

water  in  summer- 407,  198 

commissioners  to  appoint  keepers,  etc 408,  198 

penalties  for  interfering  with  or  damaging  works. . .  409,  199 

canal  laws  to  apply  thereto 410,  199 

portion  to  be  annexed  to  section  No.  2 411,  199 

appropriation  to  restore  11,000  feet  water  per  M. . .  412,  199 

for  dam  over  Moose  river 413,  200 

bridges  over  Black  river note,  289 

BLACK  ROCK  : 

surplus  waters  at note,  245 

walls  at,  an  exception 596,  246 

piers  and  warehouses  at 606,  250 

conditions 607,  250 

erection  of  mills  and  use  of  water 608,  250 

proceedings  on  non-payment  of  rent 612,  252 

action  of  canal  board  in  1872 613,  252 

BLANKS,  FORMS,  ETC.: 

to  be  prepared  by  auditor 811,  296 

BOATS: 

General  provisions : 

interrupting  navigation,  may  be  destroyed 268,  149 

purchase  of,  for  repairs ........ 388,  173 

not  to  stop  at  certain  points 455,  211 

powers  of  Whitehall  inspector 496,  223 

canal  board  may  regulate  size  and  structure  of,  etc. .  514,  228 

harbor  master's  fees  on.  in  New  York 664,  264 

may  be  detained  for  tolls  or  expenses 696,  272 


INDEX.    B.  — LAWS.  421 

BOATS  —  Continued.                                                                     Section.  Page. 

Bills  of  lading,  tolls,  etc. : 

•  [See  «  Tolls."] 681,  269 

Definition : 

of  terms  "float  "and  "master" 802,  295 

Registry  of  boats : 

certificate  of  registry 670,  267 

new  certificates,  when  required 671,  267 

duty  of  collector 672,  268 

register,  in  auditor's  office 673,  268 

how  changed 674,  268 

copies  to  collectors 675,  268 

registry  before  clearance 676,  268 

who  deemed  owners 677,  268 

penalties 678,  268 

name  of  mortgaged  boat  not  changed,  except,  etc. ..  679,  269 

name  painted  four  inches  in  height 680,  269 

Registry  of  liens : 

mortgages  to  be  filed  in  canal  department 747,  281 

provisions  relating  to,  etc 748,  282 

Navigation,  etc. : 

berths  to  be  assigned  boats 711,  275 

speed  of,  not  over  four  miles,  except,  etc 712,  275 

not  over  six  miles  on  enlarged  canals,  etc 713,  275 

steamboats  to  pass  on  berme  side 714,  275 

passenger  boat,  preference  in  passing 715,  276 

boats  meeting,  to  pass  to  the  right 716,  276 

preference  to  boats  going  to  tide- water 717,  276 

penalties  for  last  three  sections 718,  276 

preferences  at  locks 719,  276 

lock-tender  to  decide 720,  276 

penalties 721,  276 

setting  poles,  pointed  with  iron 722,  277 

knife  on  bow 723,  277 

penalty  for  using  either 724,  277 

obstructing  by  mooring  or  misconduct 725,  277 

obstructions  by  sinking,  etc.,  or  on  tow-path 726,  277 

Abandoned  or  stolen  property : 

seizure  and  sale  of  abandoned  property. 727,  277 

owners' rights 728,  277 

avails,  how  accounted  for 729,  278 

when  and  how  paid  over 730,  278 

stealing  rails,  posts,  boards,  etc.,  along  canal 731,  278 

penalty 732,  278 

boat  liable  for  the  penalties 733,  278 

boat  may  be  detained 734,  278 

when  released  ;  when  sold 735,  279 

frauds  on  revenues : 

oaths  may  be  administered 736,  279 

boat  forfeited  for  false  clearance 737,  279 


422  INDEX.    B.  — LAWS. 

BOATS  —  Continued.  Section.  Page 

Frauds  on  revenues —  Continued. 

goods  forfeited  for  false  marks 738,  279 

registry  of  liens  by  mortgage 747,  281 

Destruction  of  boats : 

willful  destruction  of  boats,  a  felony 814,  296 

by  owners,  with  intent,  etc.,  a  felony 815,  297 

attempt  to  injure  or, destroy,  a  felony 816,  297 

Steam  towing : 

cable  systems,  etc 817,  297 

commission  to  test  new  motors 837,  302 

BONDS  : 

Of  canal  commissioners  : 

how  made,  filed  and  renewed 898,  145 

Of  collectors  : 

when  filed,  approval  of  sureties,  etc 620,  254 

Of  contractors : 

for  damages,  by  negligence,  etc 300,  162 

for  performance  of  contract  with  state 301,  162 

for  laborers,  to  pay  monthly,  where  filed 302,  162 

when  prosecuted 303,  163 

actions,  how  brought 304,  163 

Of  engineers: 

for  expenditure  of  money  advanced 315,  166 

for  faithful  discharge  of  duties 877,  315 

Of  public  officers : 

to  be  filed  with  oath  of  office 24,  73 

notice  of  neglect  to  file  bond 25,  73 

duty  of  auditor,  in  case  of  such  neglect 26,  73 

liability  on  bonds 27,  74 

when  terminated 28,  74 

penalty  for  acting  without  bond 29,  74 

Of  superintendents : 

to  be  filed  in  department,  auditor  to  approve  sureties,  620,  254 

BOOKS  AND  PAPERS  : 

proceedings  to  compel  delivery  of note,  78 

BREAKS  IN  CANAL  : 

power  of  commissioner  or  superintendent  at 268,  149 

power  of  superintendents  at 338,  173 

BRIDGES  : 

(Chapter  9,  Title  9,  Article  8.) 

railroad  swing-bridges  authorized note,  148 

at  Port  Schuyler,  used  by  horse  railroad note,  149 

Albany  railroad  bridge,  tolls  on note,  227 

railroads  crossing  canal 266,  148 

town  bridges  over  new  roads 760,  285 

model  and  location 761,  285 


INDEX.    B.  —  REGULATIONS,  ETC.  423 

BRIDGES— Continued.  section.  Page. 

penalty 762,  285 

road  and  street,  state  bridges  over  the  enlarged 

canals  (act  of  1839) 763,  285 

farm  bridges  over  the  enlarged  canals 764,  286 

benefits  and  damages  on 765,  286 

commutation  for  bridges  on  all  canals 766,  286 

benefits  set  off  against  damages 767,  287 

appraisement,  how  made 768,  287 

amendment  of  1840  (see  sec.  766) 769,  287 

private  road  to  bridges,  how  made 770,  287 

certificate  of  title  with  bridge  awards 771,  288 

no  farm  bridges  from  division  of  farms 772,  288 

amendment  of  1854  (see  sec.  763) 773,  288 

bridges  only  upon  old  streets  and  roads 774,  288 

repealing  clause 775,  288 

state  bridges  not  to  be  crossed  faster  than  a  walk . . .  776,  288 

nor  with  more  than  twenty-five  cattle 777,  289 

penalty 778,  289 

Illingworth's  and  Beach's  Black  river 779,  289 

statutes  for  bridges  on  Black  river note,  289 

Fort  Miller  Bridge  Company,  to  pass  employees 

free 780,  290 

tow-path  bridge  at  Cohoes 781,  290 

control  of,  contribution  of  Cohoes,  etc 782,  290 

West  Troy,  Water  street,  canal  and  bridge 783,  290 

injuries  to  bridges  or  other  structures 786,  291 

Buffalo : 

Hamburgh  and  Main  street  basin 224,  133 

Clark  &  Skinner  canal 225,  134 


B.  —  KEGULATIONS,  ETC. 

Banks  of  canals :  Reg.  NO. 

to  be  kept  clear,  penalty,  etc 52,  350 

tow-path  Erie  to  be  kept  clear  fourteen  feet  wide. . .       83,  358 

same  rule  to  Erie  and  Champlain 84,  358 

Banks :  Res.  NO. 

canal  officers  not  to  be  agents  of ....         8,  361 

not  to  advance  to  superintendents 27,  364 

Berths :  Reg.  NO. 

how  assigned  to  boats 55,  351 

Bill  of  lading : 

how  signed 1,  333 

report  of  frauds  in ?,  338 

form  of,  and  of  clearance 369 

for  salt  in  barrels  or  casks 25,  342 

penalty  for  false  bill 26,  343 


INDEX.     B.— REGULATIONS,  ETC. 

Black  river  canal :  Reg.  NO.  ra«e. 

distances  OD 399 

draft  of  water  and  height  of  boats 2,  334 

Black  river  improvement : 

distances  in 399 

draft  of  water  on note,  198 

Black  Rock : 

tolls  to  be  computed  .from  Buffalo 69,  354 

clearances  and  lockages  at 70,  354 

Blanks :  Res.  NO. 

to  be  furnished  by  auditor 5,  360 

Boats :  Beg.  NO. 

how  cleared,  penalties  for  false  representations,  etc . .  1,  333 
draft  of  water  and  height  of  boats  on  the  several 

canals :  penalties 2,  334 

clearances  to  be  exhibited 3,  336 

to  be  weighed  twice ;  exceptions 5,  337 

between  offices,  bill  of  lading  to   be  given  lock- 
tender  10,  339 

clearances  for  boats  stopping  short 11,  339 

to  be  loaded  conveniently  for  inspection 12,  339 

light  weight,  how  ascertained  ;  penalty 16,  341 

omission  to  get  light  weight ;  penalty 18,  341 

fraud  in  light  weight ;  penalty 19,  341 

to  enter  weight-lock  when  ordered 20,  341 

penalty  for  refusal 21,  342 

to  carry  lights  at  night 36,  344 

not  to  moor  within  twenty  rods  of  lock,  etc 37,  344 

delays  at  locks 38,  345 

delay  in  entering  lock 39,  345 

form  of  bow ;  penalty :  registry ;  toll,  two  cents  per 

mile 40,  345 

to  move  as  ordered  in  case  of  break  or  obstruction . .  42,  348 

rudder,  how  to  be  constructed 44,  349 

use  of  snubbing  post  at  locks 47,  349 

when    overtaken,   return    out,  boats   propelled    by 
steam  to  take  berme  bank;  how  to  pass  boats; 

penalty 49,  349 

meeting  rafts 50,  350 

to  enter  locks  carefully ;  penalty 51,  350 

mooring  boats,  directions  and  penalty 53,  350 

berths,  how  assigned  and  held;  penalty 55,  351 

changing  names  prohibited,  unless,  etc 63,  352 

not  to  be  moored  to  structures ; .  penalty 73,  354 

not  to  be  moored  within  ten  rods  of  limits  of  Water- 

vliet  arsenal 74,  355 

draft  of,  at  Buffalo 79,  357 

not  more  than  two  boats  to  be  abreast  in  West  Troy,  86,  359 


INDEX.    C.— LAWS.  425 

Boats  —  Con  tinned.  Res.  NO.  Page, 
sunken  boats,  expenses  of  superintendent,  how  col- 
lected and  reported 26,  363 

special  regulations  relative  to  lumber 38,  366 

II.  S.  coasting  license  for note,  269 

Breaks  in  canal :  Reg>  No 

power  of  officers  to  move  boats 42,  348 

auditor  to  give  notice  of,  to  collectors'  offices 85,  359 

Bridges : 

height  of,  on  enlarged  canals ;  height  of,  on  the  other 

canals 2,  335 

speed  of  horses  on ;  penalty 48,  349 

boats  not  to  be  moored  to ;  penalty 73,  354 

opening  in,  at  Buffalo,  to  be  closed 82,  358 

Buffalo : 

certain  tolls  to  be  computed  from, 69,  354 

boats  not  to  be  loaded  from  bridges 82,  358 

C.  —  LAWS. 

CABLE  TOWING  :                                 ^  section. 

by  submerged  cables,  European  system 817,  297 

by  suspended  cables,  Kingsley 8<J4,  299 

by  Eichmond's  system 830,  301 

Belgian  system  not  entitled  to  prize 838,  303 

CANADA  THISTLES: 

and  noxious  weeds  to  be  destroyed 637,  257 

CANALS  : 

(Chapter  9,  Title  9,  Article  1.) 

of  this  state,  not  to  be  sold Const.  6  61 

Designation  and  description  of: 

names  of  the  canals,  ten  in  number Laws,  210,  129 

references  to  acts  relating  to note,  129 

Erie  and  Champlain  declared  completed 211,  130 

completion  of  canals,  how  declared  212,  130 

maps  of  canals,  how  prepared  213,  130 

maps  to  be  filed 214,  130 

copies  to  certain  counties 215,  131 

copies  received  in  evidence 216,  131 

evidence  of  title  of  state 217,  1 31 

provisions  applicable  to  all  canals 218,  131 

Enlargement  and  improvement  of: 

Erie,  Oswego,  Cayuga  and  Seneca  enlargement 219,  131 

Hamburg  and  Main  street  basin,  Buffalo 224,  133 

Clark  and  Skinner  canal,  Buffalo 225,  134 

improvement  Champlain  canal 226.  134 

Champlain  canal  enlargement 227,  135 

United  States  ship  canals 231,  137 

54 


426  INDEX.    0.  —  LAWS. 

CANALS  —  Continued.                                                                Section.  Page. 

Albany  basin 344,  175 

Onondaga  salt  springs 361,  180 

Fishways 364,  182 

Erie  canal  structures,  how  rebuilt 365,  182 

Cayuga  inlet 367,  183 

Cayuga  and  Seneca  canal,  Waterloo  dam,  etc 369,  184 

Baldivinsville  dam,  etc 375,  187 

Dams  on  Oswego  river 381,  189 

Crooked  lake  canal 382,  189 

Chemung  canal 383,  189 

Chenango  canal 395,  193 

Black  river  canal,  reservoirs,  etc 405,  197 

Oneida  lake,  river  and  canal 416,  201 

CANALS,  ABANDONED: 

[See  "  Abandoned  Canal  Lands."] 

CANAL  APPRAISERS: 

(Chapter  9,  Title  9,  Article  3.) 

Appointment,  salary,  expenses,  etc.  : 

how  appointed;  not  to  act  when  interested 11,  70 

number  of;  duties,  oath,  e'tc.,  article  3 420,  204 

term  of  office 421,  204 

salaries 422,  204 

expenses  of,  paid  from  revenues 423,  204 

allowance  for  return  to  appeals 424,  205 

i 

Powers  and  duties : 

appraisals  of  damages,  how  made 425,  205 

to  meet  and  hear  evidence 426,  205 

to  view  premises  personally,  witnesses,  etc 427,  205 

to  keep  records  of  proceedings 428,  205 

claims,  when  to  be  filed 429,  206 

claims  and  property  of  state  prior  to  1828 430,  206 

subpoenas,  by  whom  issued 431,  206 

form  of 432,  206 

witness  fees  (see  sees.  105  and  107) 433,  207 

penalties  for  non-attendance 434,  207 

notices  of  hearing  of  claims,  how  made 435,  207 

duty  of  canal  commissioner 436,  207 

decisions  and  new  trials 437,  208 

commissioner  not  to  vote  on  certain  appeals 438,  208 

quorum,  decision  of  claims 439,  208 

custody  of  papers • 440,  208 

all  relating  to  canal  damages,  except,  etc 441,  208 

record  of  decisions 442,  209 

transcript  to  be  recorded. . 443,  209 

when  fee  simple  vests  in  state 444,  209 

damages,  when  paid 445,  209 

temporary  damages  may  be  settled  by  agreement. . .  446,  209 

if  not,  then  by  appraisers 447,  210 

proceedings  on  such  appraisal 448,  210 


INDEX.     C.  —  LAWS.  427 

CAXAL  APPRAISERS —  Continued.  Section.  Page. 
Powers  and  duties —  Continued. 

on  appraisal  for  lands  overflowed  by  dam 449,  210 

proceedings  thereon,  as  in  other  cases 450,  210 

lands  divided  by  canal,  how  taken 451,  210 

compensation  for,  how  made 452,  211 

lands,  when  not  to  be  taken 453,  211 

commutation  or  appraisals  on  farm  bridges 456,  211 

set-off  against  bridge  damages 457,  21 2 

appraisement,  how  made 458,  212 

General  act,  rules,  etc. : 

jurisdiction  granted  to  hear  and  determine  certain 

claims  for  damages ;  exceptions 459,  212 

claims,  when  to  be  filed,  to  employ  counsel 460,  213 

to  prescribe  rules  and  proceedings 461,  213 

rules  prescribed  by  appraisers note,  213 

Appeals,  new  trials,  etc. : 

appeals  from  to  the  canal  board 462,  214 

how  made  and  served 463,  214 

decisions,  where  filed ;  time  for  appeals 464,  214 

appeals  from  award  under  special  acts. . .- 465,  215 

when  to  be  taken 460,  215 

proceedings  thereon 467,  215 

appeal  by  one  commissioner 468,  215 

return  to  appeal 469,  215 

canal  board  to  decide 470,  215 

decisions  and  new  trials 471,  216 

rehearing,  when  granted 472,  216 

certiorari  to  supreme  court 473,  216 

proceedings  thereon 474,  217 

not  to  prevent  appeals 475,  217 

Annual  report : 

what  to  contain 476,  217 

when  to  be  completed 162,  114 

Surplus  waters : 

appraisers  to  estimate  benefits 582,  242 

to  ascertain  value  for  leases 590,  243 

Farm  bridges  : 

benefits  set  off  against  land  damages 765,  286 

benefits  set  off  against  bridge  damages 767,  287 

appraisement,  how  made 768,  287 

CANAL  BOARD: 

(Chapter  9,  Title  9,  Article  4.) 

of  whom  to  con'sist 485,  220 

powers  and  duties 486,  220 

Appointments  and  removals : 

of  division  and  resident  engineers 876,  314 

of  collectors  for  one  year 9,  69 


428  INDEX.     C.— LAWS. 

CANAL  BOAED  —  Continued.                                                      Sectlon  Page 
Appointments  and  removals  —  Continued. 

of  superintendents  and  collectors 487,  221 

to  direct  inquiries  against  them 488,  221 

superintendents,  how  removed 489,  221 

for  misapplication  of  estimate 338,  173 

their  personal  attention  required 490.  222 

compensation  of  collectors,  weighmasters,  etc.,  ap- 
pointment of  weighmasters,  etc.  (?) 491,  222 

payment  of  by  the  auditor 134,  107 

ten  inspectors  and  measurers 492,  222 

who  may  administer  oaths 493,  222 

two  more  inspectors  in  New  York 494,  222 

one  at  Whitehall 495,  333 

one  at  Oswego 497,  333 

patrolmen,  their  compensation  and  duties 533,  232 

removal  of  engineers 869,  312 

Tolls : 

canal  board  to  fix  rates  of  toll 498,  224 

to  be  uniform  on  all  canals 499,  224 

not  to  be  lower  than  rates  of  1852  ;  except,  etc 500,  224 

on  Cayuga  inlet 501,  225 

on  Albany  basin 502,  225 

on  Seneca  river 503,  225 

on  river  improvement  and  Baldwinsville  canal 504,  226 

on  Moose  river 505,  226 

on  Beaver  river 506,  226 

on  Mohawk  basin,  West  Troy 507,  226 

on  Oneida  river 508,  226 

on  Oneida  lake  canal,  feeder,  etc 509,  226 

on  Oneida  lake 510,  227 

to  designate  banks  for  deposit  of  tolls 652,  261 

may  designate  banking  associations 511,  227 

may  designate  banks  for  salt  revenues 512,  227 

to  regulate  tolls  on  Albany  railroad  bridge note,  227 

Rules  and  regulations : 

to  make  certain  rules  and  regulations 513,  228 

and  impose  penalties  and  forfeitures 514,  228 

may  commute  for  passengers 515,  228 

commutation,  how  paid 516,  228 

penalties,  how  recovered 517.  228 

before  whom 518,  228 

construction  of  the  two  next  sections 519,  228 

rules,  etc.,  to  be  printed 520,  229 

certified  copy  of,  to  be  evidence 521,  229 

certificate  of  auditor 401 

Reim's  Champion  boat  scales. 522,  229 

remission  of  forfeitures 524,  229 

petition  for,  how  made 525,  230 

may  reduce  or  modify  penalties 526,  230 

remission  of  penalties 527,  231 


INDEX.    C.  —  LAWS.  429 

CAXAL  BOARD  —  Continued.  Section.  Page. 
Repair  contract  system  abolished : 

repeal  of  laws  relating  to 528,  230 

contracts  niay  be  surrendered 529,  230 

contracts  may  be  canceled. 530,  231 

terras  of  settlement 531,  231 

board  to  adjust  amount  due 532,  231 

to  determine  another  method  or  system 533,  232 

to  make  rules,  etc.,  divisions,  how  changed 534,  232 

New  work  and  extraordinary  repairs : 

estimates  for  extraordinary  repairs 535,  233 

rebuilding  locks  on  Erie  canal 536,  233 

same  rule  to  other  structures 537,  233 

directions  for  enlargement  of  work 538,  233 

extra  allowances ;  power  to  cancel  contracts 539,  234 

certain  contracts  not  to  be  canceled 540,  234 

enlargement  to  be  deemed  completed  in  1862 541,  235 

not  to  change  plan  of  canals 542,  235 

change  of  plan,  when  permitted 864,  310 

clause  to  be  inserted  in  contracts 543,  235 

not  to  be  interested  in  contracts 803,  294 

to  investigate  charges  of. 804,  295 

Proceedings  of : 

any  member  may  administer  oaths 544,  236 

compel  attendance  of  witnesses 545,  236 

allow  expenses  of 546,  236 

three  members  may  take  testimony 547,  236 

five  votes  necessary  for  expenditures 548,  .  236 

minutes  to  be  published 549,  236 

perjury  by  oath  or  affidavit 550,  237 

see  "  Rules  and  Orders  " 329 

Appeals  from  awards : 

appeal  to  canal  board 285,  154 

to  be  in  writing  ;  how  served 287,  155 

time  for  tiling  and  for  appeal 287,  155 

appeals  under  special  acts 288,  155 

and  time  for  appeal 289,  155 

notices  of  appeal,  how  made 290,  155 

return  of  appraisers 551,  237 

duty  of  board 552,  237 

rehearing  may  be  granted 553,  237 

reversal  of  awards ;  new  trial 554,  237 

when  certiorari  may  be  brought  to  supreme  court. .  96,  99 

proceedings  thereon  not  to  prevent  appeal 98,  99 

Appropriation  of  lands  : 

when  divided  by  canal 556,  238 

compensation  to  owner 557,  238 

bv  canal  commissioners  for  construction 259,  146 

by  canal  commissioners  for  repairs  or  improvements,  261,  147 


430  INDEX.    C.— LAWS. 

CANAL  BOARD  —  Continued.                                                      Section.  Page. 
flale  of  canal  lands : 

lands  taken  may  be  sold 558,  238 

abandoned  canal  lands  may  be  granted 559,  239 

preferences  to  original  owners 560,  239 

privileges  of,  extended 561,  239 

reservation 562,  240 

directions  to  applicants  for  grants note,  124 

Surplus  waters: 

may  order  lease  of 588,  243 

sale  of  lease 589,  243 

revocation  of  certain  leases 594,  246 

partial  resumption  of  water 505,  246 

list  of  leases  and  grants note,  245 

rights  to  erect  mills  and  use  waters 608,  250 

grants  for,  how  made 609,  250 

plans  of  buildings,  how  approved 610,  251 

leases  at  Black  Rock  harbor 612,  252 

action  of  board,  in  1872,  confirmed 613,  252 

Rules  and  orders  of 329 

Regulations  of 333 

Resolutions  of 359 

CANAL  BOATS: 

[See  "  Boats."] 

CANAL  BRIDGES: 

[See  "  Bridges."] 

CANAL  COMMISSIONERS: 

(Chapter  9,  Title  9,  Article  2.) 

General  powers  and  duties : 

oath  of  office,  where  filed 22,  73 

vacancy  in  office  of,  when  filled  by  governor 37,  76 

when  filled  by  election 38,  76 

caption  of  ballot,  "  to  fill  vacancy  " 39,  77 

when  filled  by  legislature 40,  77 

three  commissioners  shall  be  chosen,  term  of  office, 

Chap.  9,  Title  9,  Art.  2 250,  144 

powers  and  duties  of  board  of 251,  144 

comm  issioner  to  give  bond 252,  145 

bond,  how  renewed 253,  145 

salary  and  traveling  expenses 254,  145 

president  and  secretary  of , 255,  146 

meetings,  how  called 256,  146 

quorum 257,  146 

board  may  employ  agents 258,  1 46 

to  prosecute  work  and  appropriate  lands  and  waters,  259,  146 

to  submit  estimates  of  new  work,  etc 260,  146 

to  take  lands  or  water  for  extraordinary  repairs  ....  261,  147 

may  discontinue  or  alter  roads 262,  147 

proceedings  thereon 263,  147 

restriction,  until  new  road  is  opened 264,  147 


INDEX.     C.  — LAWS.  .  431 

CANAL  COMMISSIONERS  —  Continued.                                         Section.  Page. 
General  powers  and  duties  —  Continued. 

former  alterations  legalized 265,  148 

powers  over  railroads  near  canal 266,  148 

over  grade  of  railroads •  267,  149 

to  repair  injuries  to  canals,  to  take  lands  and  ma- 
terials, or  destroy  boats,  if  necessary. . '. 268,  149 

deficiency  in  water,  how  supplied 269,  149 

temporary  damages  for  lands  and  water 270,  150 

may  settle  for  temporary  damages 446,  209 

to  repair  offices,  weighlocks,  etc 271,  150 

canal  board  to  make  regulations 272,  150 

notices  of,  how  distributed,  etc 273,  151 

how  authenticated 274,  151 

certificate  of  auditor,  to  those  now  in  force 401 

board  of  commissioners  to  assign  divisions .  275,  151 

divisions  not  to  be  changed,  except,  etc 276,  151 

general  duties  of  commissioner 277,  151 

to  visit  line  of  canal 278,  152 

to  take  duplicate  receipts 279,  152 

all  purchases  to  be  made  for  cash 280,  152 

to  remove  encroachments 281,  153 

may  require  affidavits  or  administer  oaths 282,  153 

canal  officials  not  to  be  interested  in  contracts 803,  294 

investigation  of  charges  of 804,  295 

Claims  and  appeals : 

to  attend  hearing  personally  or  by  agent 283,  154 

when  auditor  may  act 284,  154 

appeals  to  canal  board 285, ,  154 

in  writing,  how  served 286,  155 

time  for  filing  and  for  appeal 287,  155 

appeals  under  special  acts 288.  1 55 

time  for  appeal     289,  155 

notices  of  appeal 290,  155 

Contracts  : 

to  lowest  bidder  with  adequate  security 291,  156 

engineers  to  survey  and  estimate  work 292,  156 

quantities  to  be  exhibited,  alterations 293,  156 

contracts  in  writing,  three  copies 294,  157 

how  kept 295,  157 

advertisements  for  proposals 296,  1 57 

proposals  to  be  definite  and  certain 297,  157 

not  more  than  one  from  one  person 298,  158 

deposits  required,  regulations  for  lettings,  etc 299,  158 

engineers  to  exhibit  quantities,  maps,  etc 864,  310 

form  of  notice  to  contractors note,  158 

provisions  relating  to  new  work,  etc note,  161 

conditions  to  erecting  certain  bridges note,  162 

contractor's  liability  for  negligence 300,  162 

securitv  for  performance 301,  162 

laborers' bond 302,  162 

when  prosecuted 303,  163 


432.  INDEX.    C.  — LAWS. 

CANAL  COMMISSIONERS  :  Section.  Page. 

Contracts  —  Continued. 

actions,  how  brought 304,  163 

change  of  plan,  how  made 305,  163 

and  approved  by  canal  board,  etc 864,  311 

no  extra  allowances 306,  163 

materials  exempt  from  execution 307,  164 

payment,  by  draft 308,  164 

on  sworn  certificate  of  engineers 309,  164 

to  accompany  draft  . . . .' 310,  164 

engineers'  record  of 311,  164 

verified  certificate  of 312,  165 

commissioners'  certificate  for  final  account 313,  165 

contracts  for  rebuilding  structures 328,  169 

form  of,  now  in  use,  Appendix 403 

\ 
Engineers : 

advances  to  engineers 314,  165 

accounts  of,  how  certified 317.  166 

frauds  to  be  investigated 857,  308 

removal  of 868,  312 

suspension  of 869,  312 

appointment  of 876,  315 

appointment  of  assistants,  etc 877,  31") 

Accounts  and  reports : 

of  penalties  and  costs  recovered 318,  1 66 

not  to  be  held  to  bail  in  civil  suit 319,  ]  6(5 

of  enlargement  contracts 329,  167 

advances  to  commissioners 321,  1(>7 

to  settle  with  auditor 322,  167 

to  close  accounts  September  30 161,  1 J  3 

annual  report  to  legislature 323,  1 67 

when  to  be  completed 324,  16S 

Superintendents,  estimates,  etc. : 

advances  to  superintendents 325,  168 

estimate  to  be  approved  and  filed 326,  168 

to  allow  or  disallow  items  of  estimate 327,  168 

boats,  tools,  materials,  etc 328,  169 

proposals  for,  how  made 329,  169 

security  for 330,  170 

penalty  for  non-performance 331 ,  170 

at  breaks,  how  procured 332,  170 

tools,  etc.,  how  examined 333,  171 

settlement  of  contracts 334,  1 72 

payments 335,  172 

may  direct  purchase  of  tools  and  materials 336,  17:>> 

contracts  for,  how  made 337,  173 

estimates  to  be  strictly  followed 338,  173 

price  of  labor,  how  fixed 339,  174 

eight  hour  law 340,  174 

to  whom  the  act  applies 341,  174 

penalties  as  to  officers 342,  174 

penalties  as  to  contractors 343,  174 

to  give  directions  to  superintendents 622,  255 

penalties  for  false  estimates 872,  313 

Fishways : 

to  be  maintained  in  certain  dams . .  364.  182 


INDEX.     C.—  IAWS.  433 

COMMISSIONERS  —  Continued.                                                               Section.  Page. 
Erie  canal  : 

cost  of  rebuilding  locks,  how  paid 365,  182 

and  of  other  structures 366,  183 

miscellaneous  notes  on note,  183 

Cayuga  inlet : 

depth  of  channel,  etc 367,  183 

Cayuga  and  Seneca  canal : 

height  of  Waterloo  dam,  etc 369,  184 

Baldwinsville  dam  and  canal : 

navigation  of  Seneca  river,  etc 375,  187 

Os  w ego  river : 

dams  to  be  built  of  stone 381,  189 

surplus  waters  of 602,  248 

Crooked  Lake  canal : 

rebuilding  locks 382,  189 

Chemung  canal : 

dimension  of  locks 383,  190 

connection  with  Junction  canal 385,  190 

portion  of,  for  street  in  Elmira 389,  191 

railroad,  swing  bridges  over 392,  192 

railroad  may  use  portion  of,  at  Elmira 393,  192 

Chenango  canal: 

Utica  Asylum  may  use  water  of 395,  193 

Binghamton  may  use  a  portion  of 398,  194 

railroad  on  tow-path,  Chenango  extension 401.  195 

Slack  river  canal,  feeders,  reservoirs,  etc.  : 

surveys  ordered 405,  197 

to  construct  dams,  etc 406,  198 

structures  made  part  of  the  public  works 407,  198 

to  appoint  keepers 408,  198 

penalties  for  injuries 409,  199 

canal  laws  applicable  to 410,  199 

limits  of  section  No.  2 411,  199 

water  diverted  to  Erie  canal 412,  199 

dam  across  Moose  river 413,  200 

Genesee  Valley  canal: 

Oil  Creek  reservoir ;  Gelma  feeder 414,  200 

monuments,  etc 415,  200 

Oneida  Lake  canal: 

tocks  on 416,  201 

to   appoint  keeper  of  Oak  Orchard  bridge 417,  201 

appropriations  for  completion  of  canal 418,  201 

Commutation  and  damages : 

may  settle  for  temporary  damages 446,  209 

appraisement  of 447,     210 

may  commute  for  bridges 456,  211 

rule  of  damages 457,  212 

may  agree  for  water  privileges 580,  241 

may  settle  for  resumption  of  water 586,  242 

55 


434  INDEX.     C.— LAWS. 

CANAL  COMMISSIONERS  —  Continued.  Section.  Page. 

Legal  proceedings : 

may  bring  certiorari  on  certain  awards 473,  216 

proceedings  thereon 474,  217 

not  to  prevent  appeal 475,  217 

claims  for  judgments,  etc.,  against  officers 93,  98 

how  examined 94,  98 

appeals  may  be  brought  without  security 100,  100 

preferences  in  the  courts 101,  100 

injunctions  against,  wtfere  to  issue 102,  100 

appeals  to  supreme  court  in  water  cases 604,  249 

proceedings  thereon 605,  250 

Water  privileges  and  surplus  water : 

agreements  relating  to 580,  241 

rights  of  parties,  conditions,  etc 581,  242 

gates  to  be  closed  for  non-fulfillment 583,  241 

commissioners  may  resume  privileges 584,  242 

damages,  how  settled 586,  242 

who  entitled  to  surplus  waters 589,  243 

value  of  former  use 590,  243 

discretion  as  to  closing  gates 592.  244 

proceedings  on  sale  of  water 593,  244 

walls  to  be  erected 596,  246 

no  waste  gates  permitted 597,  246 

water,  how  to  be  discharged 599,  247 

penalty  for  wasting  or  selling  water 600,  247 

water  at  locks 601,  248 

waters  of  Oswego  river 602,  248 

on  Syracuse  level 603,  248 

piers  and  warehouses 606,  250 

mills  on,  and  use  of  water 608,  250 

how  to  be  constructed 610,  251 

regulation  of  water  in  levels 812,  296 

waste-weirs  and  waste-gates 813,  296 

CANAL  COLLECTORS : 

[See  "Collectors."] 

CANAL  DAMAGES  : 

[See  "  Canal  Appraisers."] 

CANAL  DEBT: 

[See  "Canal  Fund"  and  "Constitution."] 

CANAL  DEPARTMENT  : 

constituted  in  1841 109,  102 

chief  clerk  of,  powers  and  duties note,  102 

office  of,  abolished 110,  103 

powers  transferred  to  auditor Ill,  103 

printing  for 163,  114 

CANAL  ENLARGEMENT  AND  IMPROVEMENT  ACTS  : 

[See  "  Canals."] 
CANAL  FUND : 

Designation  and  description  of  (ch.  9,  tit.  2) 41,  81 

pledge  of  part  of 42,  82 

statement  of  canal  debt  in  1850 43,  82 

Commissioners  of  the  canal  fund 44,  83 

to  superintend  and  manage  fund,  quorum  of,  comptroller  to 

be  present 45,  83 


INDEX.     C.  —  LAWS.  435 

DANAL  FUND  :                                                                                                        Section.  Page. 
Commissioners  of  the  canal  fund  —  Continued. 

their  duty ;  reports,  etc 46,  83 

application  df  surplus  revenues 47,  83 

investment  of 48,  83 

investment  in  other  stocks 49,  83 

deposits  of,  and  interest  on 50,  83 

may  direct  transfers  of  by  treasurer     119,  104 

report  of  deposits  and  interest  thereon 61,  84 

when  money  may  be  borrowed  for 52,  84 

in  case  of  unavailable  funds 53,  84 

general  authority  to  borrow  money 64,  87 

to  regulate  transfers  of  state  stock 54,  85 

to  be  issued  by  auditor 55,  85 

state  stocks,  how  issued  and  renewed 56,  85 

to  advertise  for  proposals 63,  87 

redemption  of  certain  stocks 65,  87 

state   stocks,    regulations  for  office,  issue  transfer,  renewals, 

etc. ;  act  of  1840 66,  88 

tax  for  new  work,  how  anticipated note,  161 

Legal  proceedings  relating  to  : 

commissioners  of,  may  allow  for  judgments,  etc.,  against  officers  93,  98 

claims,  how  examined 94,  98 

to  defend  in  certain  suits  and  proceedings 95,  99 

to  test  legal  questions  in  certain  cases 96,  99 

proceedings  thereon 97,  99 

not  to  prevent  appeals  to  canal  board 98,  99 

preferences 99,  100 

appeals 100,  100 

injunctions 102,  100 

suits  in  name  of  people 104,  101 

moneys  for  damages,  when  deposited 138,  108 

Loans  and  appropriations : 

sinking  fund  created  to  pay  canal  debt;  yearly  appro- 
priations   Const.,  1,  57 

general  fund  and  sinking  fund 2,  57 

sinking  fund;  expense  of  government;  enlargement;  certifi- 
cates ;  tolls  and  contracts  (amendment  of  1854) 3,  58 

taxes  to  increase  sinking  fund 5,  60 

appropriation  acts,  requisites  of 8,  61 

power  to  make  debts,  limited 10,  61 

all  other  debts  to  be  submitted  to  the  people 12,  62 

three-fifths  bills  for  tax  or  debt,  etc 14,  63 

act  of  1854,  $2,250,000  loan  for  enlargement Laws,  77,  91 

same  amount  appropriated  for  revenues 78,  92 

loan  for  $1,500,000 79,  92 

to  pay  revenue  certificates,  of  act  of  1851 80,  93 

for  interest  and  sinking  fund  $268.320 81,  93 

premium  on  loans,  how  invested 82,  93 

banks,  bankers,  etc.,  may  take  loan ....  83,  94 

loan  of  February,  1855,  for  $2,250,000  for  enlargement 84,  94 

loan  of  April,  1855,  for  $2,250,000  for  enlargement 85,  94 

loan  of  1856,  for  $2,250,000  for  enlargement 86,  95 

loan  of  1859,  for  $2,500,000  for  floating  debt 87,  95 

moneys,  how  applied 88,  95 

how  paid 89,  96 

annual  tax  to  be  levied  for  this  loan 90,  96 

when  to  cease 91,  97 


436  INDEX.    C.— LAWS. 

CANAL  FUND:                                                                                                        Section.  Page. 
Loans  and  appropriations  —  Continued. 

act  submitted  to  vote  in  1859 92,  97 

majority  of  votes  cast  for  loan note,  97 

act  of  1870,  majority  against note,  98 

acts  of  1872  held  unconstitutional   note,  98 

appropriation,  Champlain  enlargement 228,  135 

Charges  on  the  canal  fund : 

for  work  or  expenses  under  existing  statutes 105,  101 

Erie  and  Champlain  to  pay  deficiencies  on  the  lateral  canals. .  106,  101 

compensation  and  expenses  of  appraisers 107,  102 

for  returns  by  ex-appraisers 108,  102 

for  expenses  canal  department 133,  107 

for  collectors,  weighmasters,  etc 134,  107 

tolls  refunded  and  penalties  remitted 135,  107 

Of  the  auditor,  his  powers  and  duties 110,  103 

Interest  on  drafts,  awards,  etc.  : 

when  to  begin 156,  112 

when  to  cease 157,  113 

Fiscal  year : 

from  October  1st  to  September  30th 159,  113 

accounts  of  officers  to  correspond 161,  113 

Reports : 

of  the  state  of  the  fund 46,  83 

of  deposits  and  interest . . .  .• 51,  84 

of  clerks  and  amount  paid 115,  103 

of  tolls,  trade  and  tonnage 116,  104 

of  receipts  and  payments 124,  105 

annual  statement  by  auditor 125,  105 

financial  report  of  auditor,  see  section  161 151,  111 

annual  reports  of  state  officers 162,  113 

printing  of 163,  114 

Tax  for  deficiencies: 

acts  of  1873 164,  115 

CANAL  OFFICIALS  : 

[See  "Officers."] 

CANAL  REPAIRS  : 

Of  ordinary  repairs : 

contract  system  abolished 170,  118 

expenses  of.  payable  from  canal  fund 105,  101 

general  care  and  superintendence  in  board  of  canal  commis- 
sioners    251,  144 

injuries  to  be  repaired,  etc 268,  149 

offices,  scales,  etc 271,  150 

duty  of  canal  commissioner 277,  152 

proposals  for  materials,  tools,  etc 328,  169 

purchases  of  materials,  tools,  etc 336,  173 

contracts  for 337,  173 

purchases  under  detailed  estimates 338,  173 

price  of  labor 339,  174 

hours  of  labor 340,  174 

canal  board  to  determine  method  of 533,  232 

duty  of  superintendents 621,  254 

resident  engineer  may  estimate  for 327,  168 


INDEX.    C.  — LAWa  437 

CANAL  REPAIRS  —  Continued. 

.                                                                                                           Section.  Page. 
Extraordinary  repairs,  new  work,  etc.  : 

contracts  and  contractors 291  156 

powers  and  duties  of  commissioners 299*  158 

powers  and  duties  of  canal  board '.'.'.'.'.  535'  233 

CANAL  REVENUES  : 

[See  "  Canal  Fund  "  and  "  Tolls."] 
CANAL  TOLLS: 

[See  "Canal  Fund"  and  "Tolls."] 
CAYDGA  AND  SENECA  CANAL: 

designation  and  description  210  128 

improvement  of  lake  level 359'  184 

excavation  from  Waterloo  to  lake 370'  184 

dam  at  Waterloo,  height  of 371'  135 

height  to  be  maintained  372  185 

claims  not  to  be  made  for 373'  \QQ 

construction  of  new  dam 

CAYUGA  INLET  : 

commissioners  to  take  charge  of 367,  183 

money  expended  not  to  exceed  tolls 368,'  184 

tolls  on 501,  225 

CAYUGA  MARSHES: 

statutes  relating  to note,  183 

CAZENOVIA  LAKE  : 

proceedings  and  reports  on note,  183 

CHAMPLAIN  CANAL : 

designation  and  description 210,  128 

declared  completed  in  1828 211,  130 

improvement  of 226,  134 

enlargement  of 227,  135 

dimensions  of 228,  135 

enlargement  of,  by  United  States 232,  137 

CHATTEL  MORTGAGES,  on  canal  boats : 

[dee  "  Registry  of  Liens."] 

CHEMUNG  CANAL  : 

designation  and  description  of 210,  128 

rebuilding  locks 383,  189 

expense  of,  how  paid 384,  190 

connection  with  junction  canal 385,  190 

damages 386,  190 

powers  and  privileges 387,  190 

rights  reserved 388,  191 

Elmira  may  use  portion  for  street 389,  191 

structures  removed 390,  191 

declared  a  public  highway 391,  191 

railroad  drawbridge  over  canal 392,  192 

railroad  may  use  portion  of  at  Elmira 393,  192 


438  INDEX.    C.  — LAWS. 

CHENANGO  CANAL  :  Section.  Page. 

designation  and  description  of. 210,  1'28 

Utica  Insane  Asylum  to  use  waters  of 395,  193 

control  of  water  for  asylum 396,  194 

duty  of  commissioner  on,  etc 397,  194 

Binghamton  may  use  a  portion  of  canal  for  a  street 398,  194 

bulkhead  and  structures    399,  195 

may  become  public  highway 400,  195 

CHENANGO  CANAL  EXTENSION  : 

laws  authorizing ....  note,  128 

Binghamton,  Dushore  and  Williamsport  E.  R.  may  lay   track 

on  tow-path  of 401,  195 

when  rights  of  railway  to  cease 402,  196 

notice  of  removal,  etc 403,  197 

not  to  prevent  sale  of  canal 404,  197 

CHRONOLOGICAL  LIST  OF  STATUTES  : 

relating  to  canals  from  1791  to  1873 13 

CLAIMS  : 

[See  "  Canal  Appraisers."] 

CLARK  AND  SKINNER  CANAL  : 

transfer  of,  from  city  of  Buffalo 225,  134 

CLEARANCES : 

[See  "Tolls."] 

CLERKS  OF  COLLECTORS : 

compensation  of 134,  107 

powers  of 710,  275 

when  exempt  from  jury  duty 805,  295 

[See  "  Collectors."] 
COHOES  : 

tow-path  bridge  over  Mohawk  river 781,  290 

control  and  repair  of  bridge 782,  290 

laws  and  proceedings  relating  to note,  290 

COLLECTION  OF  TOLLS  : 

[See  "  Tolls."] 

COLLECTORS  OF  CANAL  TOLLS  : 

oath  of  office,  where  filed 22,  73 

appointment  and  removal 487,  221 

charges  against 488,  221 

auditor  may  remove , 136,  108 

bond  of 620,  255 

who  ineligible  to  office  of 802,  294 

not  to  be  interested  in  contracts,  line  of  boats,  etc 803,  294 

exemptions  from  military  and  jury  duty 805,  294 

Powers  and  duties  of: 

to  collect  and  account  for  tolls 650,  261 

to  transmit  abstracts  of 651,  261 

to  deposit  tolls  as  directed 652,  261 

duty  of  banks 653,  262 

refunding  tolls 654,  262 

proceedings  against  collectors 655,  262 


INDEX    C.  — LAWS.  439 

COLLECTORS  OF  CANAL  TOLLS  :                                                                           Section.  Page. 
Powers  and  duties  of —  Continued. 

duty  of  sheriff 656,  262 

assistant  collectors  abolished 657,  262 

offices,  etc.,  not  to  select  measurers 658,  263 

compensation  and  clerks 659,  263 

ten  inspectors  to  be  appointed 660,  263 

who  may  administer  oaths 661,  263 

not  to  give  credit 662,  263 

residence  of:  personal  attention 663,  264 

harbor  master's  fees  in  New  York 664,  264 

when  responsible  for  acts  of  clerks 710,  275 

to  assign  berths  for  boats 711,  275 

to  seize  and  sell  abandoned  property 727,  277 

proceedings  thereon 728,  277 

boats  liable  for  penalities 733,  278 

boats  forfeited  for  fraud  on  revenues 737,  279 

goods  forfeited  for  false  marks 738,  279 

proceedings  thereon 739,  280 

duty  of,  to  report  and  prosecute  for  frauds 740,  280 

penalties,  when  remitted  by  board 741,  280 

injuries  to  structures,  how  punished ....  786,  291 

COMMISSION  : 

to  test  new  methods  of  propulsion  of  boats 837,  302 

[See  "  Steam  Towage."] 

COMMISSIONERS  OF  THE  CANAL  FUND  : 

[See  "  Canal  Fund."] 

COMMISSIONERS  OF  PUBLIC  ACCOUNTS  : 

office  abolished  in  1872 30,  74 

COMMISSIONERS  OF  THE  LAND  OFFICE: 
Powers  and  duties : 

of  whom  to  consist   (ch.  9,  title  5) 184,  120 

superintendence  and  grants  of  land 185,  120 

powers,  how  executed 186,  120 

meetings,  presiding  officer 187,  120 

clerk  and  records 188,  120 

letters  patent,  exception 189,  120 

failure  of  title 190,  120 

attendance  of  witnesses 191,  121 

Lands  of  the  canal  fund: 

how  surveyed  and  sold 192,  122 

expenses  of  survey 193,  122 

purchase-money,  how  paid 194,  122 

agents  to  prosecute  trespassers 195,  122 

and  give  security 196,  122 

agents'  powers  and  duties 197,  122 

costs  and  expenses  of 198,  123 

Sale  of  canal  lands  : 

lands  taken  for  canals  may  be  sold 199,  123 


440  INDEX.     C.  —  REGULATIONS,  ETC. 

COMMISSIONERS  OF  THE  LAND  OFFICE  :  Section.  Page. 

Abandoned  canal  lands : 

when  and  how  sold 200,  123 

to  whom  granted 201,  123 

inquiry  as  to  rights  of  parties 202,  124 

privileges  of  purchase  extended 203,  124 

reservations 204,  124 

Directions  to  applicants  for  grants  : 

proceedings  before  canal 'board note,  124 

proceedings  before  commissioners  of  land  office note,  125 

CONSTITUTION  : 

Extracts  from,  relating  to  the  canals  and  to  canal  officers: 

analysis  of 7 

art.  5,  officers  and  boards,  powers  and  duties 55 

art.  7,  canal  debt,  sinking  fund,   tolls,  provisions  relating  to 

appropriations,  state  debts,  sale  of  canals,  enlargement,  etc. .  75 

article  10,  appointments,  removals,  vacancies,  etc 63 

article  9,  oath  of  office 64 

CONTRACTING  BOARD  : 

of  whom  composed note,  117 

board  abolished  in  1870 170,  117 

CONTRACTS  AND  CONTRACTORS  : 

See  "  Canal  Commissioners  " 291,  156 

See  "Canal  Board" 535,  233 

CROOKED  LAKE  CANAL  : 

designation  and  description  of 210,  128 

rebuilding  locks  on 382,  189 

O.  —  KEGULATIOJSTS,  ETC. 

Canal  board  :  Keg.  No. 

regulations  of,  for  navigable  canals 333 

weighing  and  inspecting  boats  and  cargoes 1,  333 

tolls  on  passengers,  etc 27,  343 

authority  of  officers  to  sue  for  penalties 65,  353 

miscellaneous  regulations 69,  354 

resolutions  of,  as  to  powers  and  duties  of  certain  canal  officers,      . . .  359 

Res.  No. 

as  to  collectors  and  inspectors 1,  359 

appointments  and  removals   15,  362 

superintendents  and  employees 17,  362 

weighmasters  and  assistants < 32,  365 

rules  and  orders  of rules,  329 

Canal  commissioners  :  Reg.  No. 

may  prescribe  draft  of  water  of  loaded  boats  on  certain  lands . .  2,  334 

may  move  boats  in  certain  cases 42,  348 

of  banks  of  canals,  feeders  and  reservoirs 52,  350 

of  drawing  materials  over  structures . , 54,  351 

to  assign  beats  to  patrolmen 78,  356 

bridges  at  Buffalo 82,  358 

Res.  No. 

to  approve  furniture  for  collector's  office. . ,    1, 

to  examine  superintendent's  bank  account 20, 


INDEX.     C.  — REGULATIONS,  ETC.  441 

REGULATIONS  :  Reg.  No.  Paget 

Canal  officers  : 

move  boats  in  case  of  breaks  or  obstructions 42,  348 

power  to  sue  for  penalties 65,  353 

Res.  No. 

not  to  be  agents  of  banks 8,  361 

not  to  procure  blanks 5,  360 

not  to  be  interested  in  contracts 22,  363 

not  to  furnish  labor  or  materials 21,  363 

Cargo :  Reg.  No. 

to  be  certified  on  clearance 4/,  337 

to  be  convenient  for  inspection 6,  337 

Cayuga  and  Seneca  canal : 

distances  on , 396 

draft  of  water  and  height  of  boats 2,  334 

outlet  of  Seneca  lake,  at  Geneva 3,  336 

changes  made  by  canal  board  in  draft  of  water note,  336 

Champlain  canal : 

height  of  boats  and  draft  of  water 2,  334 

changes  made  in  draft  of  water note,  336 

weighing  boats  at  Waterford 5,  337 

tow-path  to  be  kept  clear 84,  358 

distances  on 396 

Chemung  canal  : 

distances  on 398 

draft  of  water  and  height  of  boats 2,  334 

changes  made  in  draft  of  water f .  note,  336 

tolls  on  lumber  at  feeder  dam 3,  336 

night  lockages  on 58,  351 

clearances  to;  copies,  etc 60,  352 

clearances  from,  copies,  etc 61,  352 

tolls  at  Havana , 62,  352 

Chenango  canal: 

distances  on 398 

draft  of  water  and  height  of  boats , 2,  334 

night  lockages  on 58,  351 

duty  of  collector  at  Hamilton 75,  355 

Clearance : 

when  to  be  given 1,  333 

where  to  be  exhibited ;  lost  clearances 3,  336 

cargo,  to  be  certified  on 4,  337 

separate,  for  every  tow  of  timber 9,  338 

when  boat  stops  short 11,  339 

for  salt,  in  barrels  or  casks 25,  342 

to  be  shown  first  lock-tender 45,  349 

south  of  Geneva 60,  352 

Clerks  of  collectors  :  Res.  No. 

how  paid 1,  359 

number  limited ;  salary 3,  360 

'        how  to  sign  papers 11,  361 

order  of  action 12.  361 


442  INDEX.     C.  —  REGULATIONS,  ETC. 

REGULATIONS,  ETC  :  Reg.  No.  Page. 

Clerics  of  superintendents . 

at  Hamilton  may  enforce  penalties 74,  355 

Collectors  of  canal  tolls : 

duty  as  to  clearances 1,  333 

as  to  draft  of  water  of  loaded  boats 2,  334 

to  certify  weight  and  quantity  of  cargo 4,  337 

monthly  report  of  suspected  frauds 7,  338 

treble  tolls;  how  accounted  for  and  divided 8,  338 

clearances  for  timber 9,  338 

additional  tolls 11,  339 

at  Schenectady,  to  examine  master  of  boats  from  tide-water . .  13,  340 

and  at  other  points  if  necessary 14,  340 

refunding  tolls 22,  342 

may  examine  forwarder's  books,  etc 23,  342 

duty  on  their  refusal 24,  342 

as  to  passenger  tolls 33,  344 

not  register  boats  where  the  bows  do  not  conform  to  Reg.  No. 

40,  tolls  on 40,  347 

may  move  boats  near  breaches,  etc 42,  348 

to  assign  berths  to  boats 55,  351 

to  make  entry  offenses,  witnesses,  etc 59,  352 

duty  of,  at  Geneva 60,  352 

authority  to  sue  for  penalties 65,  353 

tolls  at  Black  Rock,  Tonawanda,  etc 69,  354 

how  to  enforce  section  684,  as  to  false  bills  of  lading 76,  356 

clearing  boats  at  Buffalo,  draft  of  water,  etc 79,  357 

not  to  act  as  agent  for  shippers 81,  358 

Kes.  No. 
vouchers  for  clerk  hire,  office  expenses,  furniture,  etc.,  how 

paid  and  approved 1,  359 

to  give  constant  and  personal  attention 2,  359 

employment  of  clerks 3,  360 

duties  as  to  inspectors 4,  360 

to  procure  blanks  at  canal  department 5,  360 

ex-officio  inspector  of  boats  and  cargo 6,  360 

to  deposit  tolls  daily 7,  361 

not  to  be  agent  for  banks 8,  361 

office  to  be  in  separate  room 9,  361 

Oswego  clearances  and  canal  tolls 13.  362 

how  appointed  and  removed 15,  362 

auditor  may  remove  and  fill  vacancy 16,  362 

special  regulations  as  to  wood  and  lumber 38,  366 

Cord  wood : 

how  cleared,  affidavits,  etc 38,  366 

Crooked  lake  canal:  Reg.  No. 

distances  on 397 

height  of  boats  and  draft  of  water 2,  334 

changes  made  in  draft  of  water note,  336 

night  lockages  on 58,  352 

clearances  to,  copies,  etc 60,  352 

clearances    from,  copies,  etc 61,  352 


INDEX.     D.  — LAWS.  443 


D — LAWS. 

DEFICIENCIES  :  Section.  Page. 

in  sinking  fund,  loans  may  be  made  for 52,  84 

in  stocks  or  unavailable  funds,  loans  for 53,  84 

in  any  canal  fund,  loans  for 64,  87 

on  lateral  canals,  how  supplied 196,  101 

tax  and  bonds  for,  in  1872  and  1873 164,  115 

DEFINITION  : 

of  terms  "  float "  and  ''  master  "  in  Revised  Statutes 808,  295 

DEPOSITS  : 

of  canal  fund 50,  83 

annual  report  of 51,  84 

of  tolls,  in  banks 652,  261 

of  tolls,  in  banking  associations 511,  227 

of  salt  revenues,  in  banks 512,  227 

DEPUTY  AUDITOR  : 

appointment  of 127,  106 

DEPUTY  STATE  ENGINEER  : 

appointment  of 873,  314 

DE  RUYTER  RESERVOIR  : 

highway  in  town  of  Fabius note,  183 

DESIGNATIONS  AND  DESCRIPTIONS  : 

of  the  canal  fund 41,  81 

of  the  canals  of  this  state 210,  127 

DRIVING  ON  TOW-PATH  : 

prohibitions  and  exceptions ;  penalty 788,  291 

DRIVING  OVER  BRIDGES  : 

speed ;  number  of  cattle ;  penalty 776,  288 


D.  —  KEGULATIONS,  ETC. 

Dansville  side  cut : 

distances 400 

Deposits  of  folk:  Res.  No. 

to  be  made  daily 7,     361 

Distances,  table  of: 

on  all  the  canals 392 

Draft  of  water:  Beg.  No. 

on  all  the  canals 2, 

changes  made  by  canal  board note,     336 

Driving  on  tow-path : 

prosecutions  for  penalties 40,     347 

speed  on  tow-path  bridges  ;  passing  over  sides  of  lock ;  penalty      48,     34C 


INDEX.     E.  —  LAWS. 


E.  —  LAWS. 

ELMIRA:  Section.  Page. 

junction  canal,  connection 385,     190 

portion  of  canal  for  street 389,     191 

transfer  of  to  railroad  company 373,     192 

ENCROACHMENTS : 

on  canal  lands,  how  removed 281,     153 

ENGINEER  DEPARTMENT  : 

[See  "  State  Engineer  and  Surveyor."] 

ENLARGEMENT  AND  IMPROVEMENT  ACTS: 

[See  "  Canals."] 

ERIE  CANAL: 

Designation  and  description  of 210, 

Enlargement  and  improvement  of 219, 

depth  and  width  of 220, 

height  of  bridges,  levels,  etc 221, 

enlargement  declared  completed 222, 

plans  not  to  be  changed 223, 

enlargement  of  locks 365, 

same  rule  to  other  structures 366, 

miscellaneous  notes  and  references note, 

Hamburgh  and  Main  street  basin,  Buffalo 224, 

Clark  and  Skinner  canal,  Buffalo 225, 

Strip  canal  enlargement  by  United  States 231, 

El.  —  REGULATIONS,  ETC. 

Engineers :  Beg.  No. 

may  move  boats  at  breaks,  etc 42,     348 

regulations  of  engineer  department 319 

Erie  canal: 

distances   on 392 

draft  of  water  and  height  of  boats 2,     334 

changes  in  draft  of  water note,     336 

little  basin,  Albany 56,     351 

tolls  at  Black  Rock  and  Tonawanda 69,     354 

Watervliet  arsenal 74,     355 

tow-path  to  be  kept  clear,  fourteen  feet  wide 83,     358 

made  the  duty  of  superintendents 83,     358 

P —  LAWS. 

FALSE  SWEARING:  PERJURY:  Section. 

before  canal  appraisers 427,     205 

before  canal  board 554,     236 

on  any  oath  lawfully  required  by  rules  of,  etc 550,     237 

public  officers  may  require  oaths  or  affidavits 282,     153 

FENCES : 

penalty  for  taking  rails,  lumber,  firewood,  or  fencing  posts   on 

line  of  canal . . . . 731,     278 

FISH  CREEK  : 

statutes  relating  to  water  for  Rome  level note,  183 


INDEX.     F.  —  REGULATIONS,  ETC.  445 

FISHWAYS  :  Section.  Page. 

three  to  be  constructed 364      182 

FLOATS : 

definition  of 808,     295 

[See  "  Boats."] 
FORFEITURES  : 

[See  "Penalties."] 

FORMS  AND  BLANKS: 

how  furnished 155,     112 

of  bill  of  lading 369 

of  clearance 370 

of  superintendent's  monthly  abstract 371 

of  auditor's  warrant 121,     105 

of  vouchers 150,     111 

FRAUDS  ox  REVENUES: 

penalty  for  false  bill  of  lading;  treble  tolls 684,     270 

signing  or  delivering,  a  misdemeanor;  treble  fine 685,     271 

oaths  may  be  administered 736,     279 

boats  to  be  seized  for  false  clearances 737,     279 

goods  forfeited  for  false  marks 738,     279 

sale  of  property  seized 739,     280 

officers  to  give  information  of;  penalty 740,     280 

penalties,  when  and  how  remitted 741,     280 

actions  for  penalties  and  forfeitures 806,     295 

executions  for  penalties 809,    296 

[See  "Tolls."] 
FUNDS  OF  THE  STATE: 

[See  "Constitution"  and  "Canal  Fimd."l 

P.  —  REGULATIONS,  ETC. 
Filth :  Beg.  No. 

no  dead  animal  or  filth  to  be  thrown  in  canal 41,     348 

Floats  : 

[See  "  Boats."] 

Foreman,  of  superintendent : 

may  move  boats  at  breaks,  etc 42,     348 

Res.  No. 

not  to  furnish  labor  or  materials 21,     363 

nor  be  interested  in  any  contracts 22,     363 

nor  be  interested  in  boarding  laborers 23,     363 

to  assist  boats  in  low  water,  and  unload  sunken  boats,  etc. . . .  26,     363 

Forwarders :  Reg.  No. 

agents  may  sign  bill  of  lading 1,     333 

their  books  may  be  examined 23,     342 

refusing  examination ;  clearances,  etc 24,     342 

Frauds : 

in  obtaining  clearances,  penalty 1, 

collectors,  monthly  report  of 7, 

in  loading  boats 12,     339 

questions  at  Schenectady 13,     340 

in  procuring  light  weight  of  boats 19;     341 

in  bills  of  lading  for  salt 26,     343 

Furniture :  Kes.  No. 

for  collector's  office,  must  be  first  approved  by  commissioner . .  1,     359 


446  INDEX.    H.  — REGULATIONS,  ETC. 

G-.  —  LAWS. 

Q-ENESEE  VALLEY  CANAl :  Suction.  Page. 

designation  and  description  of 210,  129 

Oil  creek  reservoir  and  Ischua  feeder 414,  200 

height,  monuments,  etc   415,  200 

GKNESEE  VALLEY  EXTENSION: 

statutes  and  appropriations  for note,  129 

GRANTS: 

of  unappropriated  lands 185,  120 

form  of,  and  exceptions 189,  120 

of  canal  fund  lands 194,  122 

of  land  taken  for  canals 199,  123 

of  abandoned  canal  lands 200,  123 

to  whom  made 201,  123 

privileges  extended 203,  124 

directions  to  applicants  for note,  124 

G-.  —  REGULATIONS,  ETC. 

Genesee  Valley  canal :  Reg.  jj o. 

distances  on 400 

draft  of  water  and  height  of  boats 2,  334 

Geneva : 

outlet  of  lake  at 1,  334 

clearances  on  boats  going  south 60,  352 

clearances  on  boats  from  the  south 61.  352 

Glens  Falls  feeder : 

distances  on . .  396 


H.  —  LAWS. 

HARBOR  MASTERS  AT  NEW  YORK  :  Section. 

fees  to  be  collected  on  boats 664,  264 

HIGH  FALLS  TO  CARTHAGE  : 

four  feet  depth  of  water  in  Black  river note,  198 

HIGHWAYS  : 

when  commissioner  may  alter 262,  147 

proceedings,  etc 263,  147 

town  bridges  over  canals 760,  285 

private  roads  laid  out  to  bridges 770,  287 

bridges  for  new  streets  or  roads 774,  288 

street  on  portion  of  canal  in  Elmira 389,  191 

street  on  portion  of  canal  in  Binghamton 398,  194 


H.  —  REGULATIONS,  ETC. 

Hamilton,  Chenango  canal :  Res.  No. 

powers  of  collector  at 75.     355 


INDEX.     H.  —  REGULATIONS,  ETC.  44.7 

REGULATIONS,  ETC.  :  Keg.  No.  Page. 

Height  of  boats: 

on  the  enlarged  Erie,  Oswego  and  the  Cayuga  and  Seneca 
canals,  and  Cayuga  inlet,  and  on  the  other  canals  of  this 

state  2,     335 

Higginsville :  Hes.  No. 

collector  at,  to  collect  tolls  on  Oneida  lake,  canal  and  river,  and 

Oswego  canal 14,     362 

I.  —  LAWS. 

INJUNCTIOXS  :  Section. 

against  officers,  where  to  issue 102,     100 

INJURIES  TO  STRUCTURES  : 

speed  across  bridges 776,     288 

number  of  cattle 777,     289 

penalty 778,     289 

injuries  to  gates,  bridges  or  structures 786,     291 

to  locks,  acqueducts,  banks,  etc   787,     291 

driving  on  tow-path,  except,  etc 788,     291 

drawing  water  at  Lockport 789,     292 

INSPECTORS  AND  MEASURERS  : 

Of  lumber  and  timber,  and  of  boats  and  their  cargo  : 

ten  appointed  by  canal  board 492,     222 

•        may  administer  oaths 493,     222 

two  additional  for  New  York 494,     222 

one  at  Whitehall 495,     223 

his  powers  and  duties 496,     223 

one  at  Oswego 497,     236 

INTEREST : 

On  drafts  and  certificates,  and  awards : 

when  to  bear  interest 156,     113 

when  to  cease 157,     114 

how  paid 158,     114 

I.  —  REGULATIONS,  ETC. 

INJURIES  TO  STRUCTURES  :  Reg.  No. 

as  to  lock  gates ;  penalty 46,     349 

speed  on  tow-path  bridges ;  passing  over  locks,  etc. ;  penalty . .  48,     349 

entering  locks  carefully 51,     350 

obstructing  banks  of  canals,  feeders  and  reservoirs;  penalty..  52,     350 

no  materials  on  structures 54,     351 

INSPECTION  : 

of  boats  bound  to  New  York 6,     337 

boats,  how  loaded  for 12,     339 

at  Schenectady,  of  boats  from  tide-water 13,     340 

of  cord-wood  and  sawed  lumber 38,     366 

INSPECTORS,  ETC.  : 

Of  lumber  and  boats,  and  their  cargoes  : 

draft  of  water  of  loaded  boats . .  2,     335 

to  ascertain  weight  and  quantity 4,     337 


448  INDEX.     L.  —  REGULATIONS,  ETC. 

REGULATIONS,  ETC.  :                                                                                         Reg.  NO.  Page. 
Of  lumber  and  boats  and  their  cargoes  —  Continued. 

mooring  of  rafts 43,  348 

mooring  of  boats 53,  350 

to  assign  berths  to  boats 55,  351 

to  make  entry  of  offenses 59,  352 

to  measure  boats  at  Buffalo 79,  357 

not  to  act  as  agent  for  shippers 81,  358 

Res.  No. 

directions  from  collectors,  how  paid,  etc 4,  3GO 

not  to  act  as  agent  for  banks 8,  361 

inspection  of  wood  and  lumber 38,  366 

J.  —  LAWS. 

JUNCTION  CANAL:  Section. 

at  Elmira,  connection  with 385,     190 

[See  "  Chemung  Canal."] 

L LAWS. 

LANDS : 

[See  "Commissioners  of  the  Land  Office."! 

LEGAL  PROCEEDINGS  : 

[See  "Attorney-General."] 

LIENS  ON  CANAL-BOATS: 

[See  "  Registry  of  Liens."] 

LOANS : 

[See  "Canal  Fund."] 

LOCKPORT  :  Section. 

leases  at note,  245 

exception  as  to  wall 596,  246 

water  around  locks 789,  292 

deepening  canal  to  Tonawanda note,  133 

LOCKS : 

[See  "  Injuries  to  Structures."] 

LOCK-TENDERS : 

appointed  by  superintendent;  how  removed 637,     258 

to  decide  preferences  at  locks 720,     276 

L.  — REGULATIONS,  ETC. 

Light  weight  of  boats :  Reg.  NO. 

must  be  ascertained;  water  marks,  etc 16,  340 

how  weighed ;  no  deductions 17,  341 

omission  ;  penalty  for 18,  341 

fraud  in ;  penalty  for 19,  341 

must  weigh  when  ordered 20,  341 

refusal ;  penalty 21,  342 

tolls,  when  not  refunded 22,  342 

Little  Basin,  Albany : 

margin  to  be  kept  clear 56,     351 

Lockport : 

locking  timber  at 43,     348 


INDEX.    M.  — LAWS.  449 

REGULATIONS,  ETC.  :                                                                                          He^.  j^o.  Page. 
Locks : 

boats  not  to  delay  in 38,  345 

delays  in  entering 39,  345 

opening  paddle  or  lock-gates 46,  349 

horses  not  to  pass  over  walls  of 48,  349 

use  of  snubbing  posts 47,  349 

steamboats  at  locks ;  preferences 49,  349 

boats  to  enter  carefully 51,  350 

night  lockages  on  certain  canals 58,  351 

Lock-tenders : 

bill  of  lading  for  departures  between  offices  10,  339 

may  move  boats  obstructing,  etc 42,  348 

to  examine  clearances,  at  first  lock  from  office 45,  349 

to  control  use  of  gates 46,  349 

to  keep  entry  of  offenses 59,  352 

may  sue  for  certain  penalties 68,  353 

duty  at  Black  Rock 69,  354 

floats,  how  moored  ;  penalty 73,  354 

not  to  keep  tavern  or  sell  goods  at  locks 25.  363 

Lumber  and  wood :  Ees.  No. 

how  cleared,  affidavits,  etc 38,  366 


M.  —  LAWS. 

MAIN  AND  HAMBURGH  STREET  BASIN  : 

Buffalo :  Section. 

title  and  statutes  relating  to 224,     133 

MAPS,  PLANS,  ETC.  : 

state  maps  of  canals 213,     130 

where  filed 214,     130 

copies  sent  to  counties 215,     131 

copies  to  be  evidence 216,     131 

maps,  evidence  of  title 217,     131 

maps  and  plans  of  new  work 292,     156 

state  engineer  to  prepare  maps,  etc 851,     307 

subject  to  inspection 852,     307 

surveys  for  construction  and  improvement 861,     309 

duty  of  division  engineer 863,     311 

plans,  etc.,  to  be  exhibited  for  lettings 864,     311 

plan  of  enlargement  not  to  be  changed 875,     314 

MASTER  :  Explanatory  remarks  on  maps 410 

definition  of 808,     295 

MEASURERS  : 

of  timber,  boats,  and  their  cargoes 

[See  "Inspectors."] 

MISCELLANEOUS  PROVISIONS  : 

Of  a  general  nature  (ch.  9.  tit.  9.  art.  9)  : 

officers  to  deliver  up  property,  etc 800      293 

proceedings  to  compel  delivery 801.     294 

who  ineligible  as  canal  officers 802,     294 

57 


450  INDEX.     N.—  LAWS. 

MISCELLANEOUS  PROVISIONS  :  Bes.  No.  Page. 

Of  a  general  nature  —  Continued. 

officers  not  to  be  interested  in  contracts 803,     294 

changes  of,  how  investigated 804,     295 

exemptions  from  military  and  jury  duty 805,     295 

penalties,  etc.,  how  recovered 806,     295 

before  whom 807,     295 

definition  of  "float"  and  "master" 808,     295 

executions  for  penalties , 809,     296 

no  bar  to  damages 810,     296 

auditor  to  prepare  forms 811,     296 

supply  of  water  in  levels 812,     296 

waste-weirs 813,     296 

destruction  of  boats  a  felony 814,     296 

by  owners  with  intent,  etc.,  a  felony 815,     297 

attempt  to  injure  or  destroy,  a  felony 816,     297 

Steam  towage  on  the  canals : 

by  submerged  cable,  "  Farwell " 817,     297 

by  suspended  cable,  ''  Kingsley  " 824,     299 

by  an  improved  system,  "  Richmond  " 830,     301 

by  steam  wagon,  "  Williamson  " 836,     302 

Commission  to  test  new  methods  of 837,     302 

MISDEMEANORS  : 

[See  "  Penalties."] 

MOOSE  RIVER  : 

surveys  of  lakes  on 405,     197 

dam  to  be  built  across 413,     200 

tolls  on 505,     226 

M.  —  KEGULATIONS,  ETC. 

Master  of  boat :  Reg.  No. 

to  sign  bill  of  lading 1, 

to  exhibit  clearance 3, 

loading  for  inspection 12, 

questioned  at  Schenectady 13, 

and  by  other  collectors 14, 

to  get  light  weight  of  boat 16, 

to  weigh  when  ordered 21, 

[See  "  Boats  "  and  "  Navigation,  etc."] 

Mooring  floats: 

twenty  rods  from  lock 27,     344 

how  long 53,     350 

berths  for,  how  assigned 55,     351 

not  to  fasten  to  structures 73,     354 

not  within  limits  of  Watervliet  arsenal 74,     355 


N.  —  LAWS. 
NAVIGATION  OF  THE   CANALS:  Section. 

canal  board  to  prescribe  regulations 514,     228 

Registry  of  boats 670,     267 

Bills  of  lading,  tolls,  etc 681,     269 


INDEX.    N.  —  LAWS.  451 

NAVIGATION  OF  THE  CANALS  —  Continued.                                                     Section.  Page. 
Boats: 

to  be  assigned  berths 711,  275 

speed  of,  regulated 712,  275 

speed  on  enlarged  canals 713,  275 

steamboats  to  pass  on  berme  side 714,  275 

preferences   715,  276 

boats  to  pass  to  the  right 716,  276 

preferences,  going  to  tide-water 717,  276 

preferences  at  locks 718,  276 

lock-keeper  to  decide 720,  276 

penalties ' 721,  276 

poles  shod  with  iron,  penalty 722,  276 

knife  on  bow 7'23,  277 

penalty 724,  277 

obstructing  navigation 725,  277 

sunken  vessels,  etc 726,  277 

abandoned  boats  or  property  to  be  seized 727,  277 

owner's  rights 728,  277 

proceeds  of  sale 729,  278 

how  paid  over ...  730,  278 

fences,  firewood,  etc.,  not  to  be  taken 731,  278 

penalty ' 732,  278 

boat  liable  for  penalty 733,  278 

boat  to  be  detained 734,  278 

when  released ;  when  sold 735,  279 

United  States  coasting  license   note,  269 

Fraud  on  revenues : 

boat  forfeited  for  false  clearances 737,  279 

goods  forfeited  for  liaise  marks 738,  279 

property,  how  sold ;  proceeds,  how  divided 739,  280 

officers  to  give  information  of  frauds 740,  280 

remission  of  penalties 741,  280 

Registry  of  liens   747,  281 

Speed  over  bridges  : 

for  horses,  mules,  etc 776,  288 

number  of  cattle  on 777,  289 

penalty 778,  289 

Driving  on  tow-path : 

permitted  for  navigation,  loading,  etc 788,  291 

Cable  towage 817,  297 

Commission  on  new  methods 837,  302 

NEW  YORK  CITY: 

two  inspectors  at 494,  222 

harbor  master's  fees 664,  264 

NOTICES  OF  APPEALS: 

by  commissioner  or  claimant 462,  214 

NOTICES  or  HEARING  : 

to  commissioner  and  claimant 435,  207 

NOTICE  OF  PAYMENTS  : 

by  auditor,  when  to  stop  interest 157,  113 


452  INDEX.     0.— LAWS. 

N.  —  REGULATIONS,  ETC. 

Navigation  of  the  canals  :  Heg>  jjo.  Page. 

floats  to  carry  lights  at  night 36,  344 

where  not  to  stop 37,  344 

delays  at  lock 38,  345 

form  of  boats  ;  tolls  on  ;  registry,  etc 40,  345 

filth  not  to  be  thrown  in  canal 41.  348 

boats  Avhen  to  be  moved 42,  348 

rafts,  how  made  up  andlnoored 43,  348 

constructing  of  rudders 44,  349 

clearances  to  be  exhibited • 45,  349 

not  to  open  paddle  or  lock-gates 46,  349 

to  use  snub-posts 47,  349 

passing  horses  over  lock-walls 48,  349 

passing  floats ;  steamboats  exemptions  and  preferences 49,  349 

meeting  near  rafts 50,  350 

injuries  to  locks 51 ,  350 

mooring,  time  for  loading,  etc 53,  350 

berths,  how  assigned  to  boats 55,  351 

night  lockages  on  Chemung,  Crooked  Lake  and   Chenango 

canals 58,  351 

changing  name  of  boat 63,  352 

New  York  boats  : 

clearances  and  cargoes  to  and  from 6,  337 

Oswego  canal:  Res.  No. 

account  of,  tolls  on 13,  362 

OAK  ORCHARD  BRIDGE  :  Section. 

keeper  at 417,  201 

OATHS  OF  OFFICE  : 

civil  officers  to  take  oath 19,  72 

when  20,  72 

before  whom 21,  72 

where  deposited 22.  72 

deputies  to  take  oath 23,  73 

OFFICIAL  BONDS: 

[  See  "Bonds."] 
OFFICERS  : 

Classification  of 1,  67 

executive 2,  68 

administrative    ''    4,  68 

General  provisions : 

qualification,  duration,  etc 12,  70 

oath  and  bond 19,  72 

vacancies  and  removals,  etc 31,  75 

[See  "Bonds,"  "Removals"  and  "Vacancies."] 
ONEIDA  LAKE,  CANAL  AND  FEEDER  : 

designation  and  description  of '. 210,  129 

laws  relating  to note,  129 

lock  on,  how  enlarged 416,  201 

Oak  Orchard  bridge  keeper 418,  201 

tolls  on  river 508,  226 

tolls  on  canal  feeder,  Seneca  river,  etc 509,  226 

tolls  on  Oneida  lake 510,  227 


INDEX.     0.  —  L  A.WS.  453 

ONONDAGA  SALT  SPRINGS:  Section.  Page. 

See  "  Superintendent  of  " 361,  180 

ORISKANT  FKEDER  : 

proceedings  and  reports  on note,  183 

OSWEGO  : 

inspector  at 497,  236 

dry  docks  at 562,  240 

602,  248 

OSWEGO  CANAL  : 

designation  and  description  of 210,  128 

enlargement  of 219,  131 

dimensions  of 220,  132 

enlargement  declared  completed 222,  133 

enlargement  to  ship  canal  by  United  States 231,  137 

dams  on  river  to  be  built  of  stone 381,  189 

P.  —  REGULATIONS,  ETC. 

.  Oaths  of  office :  Res.  NO. 

of  clerks  of  collectors 10,  361 

of  assistant  weighmasters 33,  365 

Reg.  No. 

Omission  to  get  light  weight 18,  341 

Oneida  lake,  canal  improvement,  etc. : 

distances  on 400 

draft,  of  water  and  weight  of  boats 2,  334 

Res.  No. 

tolls  collected  at  Higginsville 14,  362 

Oswego  canal :  Beg.  No. 

distances  on . .  397 

draft  of  water  and  weight  of  boats 2,  334 

changes  made  in  draft  of  water note,  336 

collector's  office  hours  at 72,  354 

Res.  No. 

account  of  tolls  at  other  offices 13,  362 

Higginsville  collector 14,  362 

P.  — LAWS. 

PATROLMEN  : 

appointment  of,  by  canal  board 

PENALTIES  AND  FORFEITURES  :  Section. 

for  officer  acting  without  oath  or  bond 29,  74 

penalties  remitted  and  tolls  refunded 135,  107 

penalty  for  violation  of  eight-hour  law ;  officers 342,  174 

for  violation  by  contractors 343,  174 

for  raising  Baldwinsville  dam 376,  187 

for  obstructing  water  for  IJtica  asylum 396,  194 

to  railroad  company  on  Chenango  extension 403,  197 

for  injuries  to  Black  river  reservoirs 409,  199 

for  non-attendance  on  appraisers 434,  207 

for  disobedience  of  inspector  at  Whitehall 406,  223 

forfeitures  on  toll  regulations  ;  limit  of. 498,  224 

canal  board  to  prescribe 499,  224 

canal  board  to  prescribe  other  rules 513,  227 


454  INDEX.    P.  — LAWS. 

PENALTIES  AND  FORFEITURES — Continued.                                                      Section.  Page 

limit  of  forfeitures  to  $25 514,  227 

suits  for  penalties  and  forfeitures 517,  228 

before  any  justice  of  the  peace 518,  228 

power  of  remission  by  board 524,  229 

proof  required 525,  230 

may  remit  penalties,  under  chapter  9,  article  7 526,  230 

limitation  on  power  of  remission 527,  230 

penalty  for  making  gate's  in  walls 598,  240 

for  wasting  or  selling  water 600,  247 

for  wasting  water  on  Syracuse  level 603,  247 

for  misapplication  of  estimate  by  superintendent 629,  259 

removals  for  giving  credit  for  tolls 662,  267 

penalty  for  false  entry  of  weights 663,  263 

for  reporting  false  name  of  boat 678,  264 

for  changing  name  of  boat 679,  268 

for  withholding  bill  of  lading  over  ten  days 683,  279 

for  omitting  bill  of  lading,  etc. ;  for  false  bill  of  lading,  etc. ; 

penalties  and  treble  tolls 684,  270 

for  false  bill  of  lading,  treble  fine  and  imprisonment 685,  271 

for  omission  to  deliver  clearance 690,  271 

for  neglect  of  passenger  statements 703,  273 

for  refusal  of 708,  274 

for  unlawful  speed  of  boats 712,  275 

for  not  allowing  steamboat  to  take  berme  side 714,  275 

for  improperly  passing  floats 718,  276 

for  misconduct  at  locks 721,  276 

for  using  poles  shod  with  iron 722,  277 

for  not  affixing  knife  on  bow 724,  277 

for  mismanagement  of  boats  in  canal 725,  277 

for  obstructing,  by  sunken  boats,  etc 726,  277 

abandoned  boats,  etc.,  seized  and  sold 727,  277 

for  taking  rails,  fences  or  firewood 732,  278 

boat  liable  for  this  penalty 733,  278 

when  sold ;  when  released 735,  279 

forfeiture  of  boats  for  false  clearance 737,  279 

forfeiture  of  goods  for  false  clearance 738,  279 

proceeds,  how  divided ;  thirds 739,  280 

penalty  against  officers  neglecting  to  give  information,  or  pros- 
ecute   740,  280 

when  canal  board  cannot  remit  penalties 741,  280 

for  building  bridge  without  consent 762,  285 

for  fast  driving  or  unloading  on  bridges 778,  289 

for  wharves,  watering-places,  etc.,  without  permission 784,  291 

for  injuries  to  gates,  bridges,  etc 786,  291 

for  injuries  to  locks  or  structures 787,  291 

driving  or  riding  horses  or  cattle  on  tow-path,  except,  etc. . . .  788,  291 

for  opening  gates  at  Lockport     789,  292 

penalties,  how  recovered 806,  295 

not  over  $50  before  justice  of  the  peace 807,  295 

executions  for  penalties 809,  296 

penalty,  no  bar  to  damages 810,  296 

corruptly  destroying  boats,  a  felony.  .^ 814, 

by  owners,  with  intent,  etc 815, 

attempt  to  injure  or  destroy 816,  297 

for  interfering  with  cable  towage , 819,  298 

for  false  estimates  of  quantity  or  cost  of  work 872,  313 


IXDEX.     P.  —  REGULATIONS,  ETC.  455 

PERJURY  :  Section.  Page. 

when  oaths  may  be  required 282,  153 

perjury  before  appraisers 427*  205 

before  canal  board 544'  236 

under  regulations  of  commissioners,  canal  board  or  auditors. . .  550,  237 

PIERS  AND  WAREHOUSES  : 

at  Black  Rock 606,  250 

on  any  canal  with  use  of  water 608,  250 

PLANS  OF  CANALS,  NEW  WORK,  ETC.  : 

[See  "Canal  Board"  and  "Maps."] 
PRINTING  : 

for  canal  department  and  officers 163,  114 

proceedings  of  canal  board 549,  236 

PROCEEDINGS : 

to  compel  delivery  of  books  and  papers  by  public  officers ....  note,  78 

certiorari  from  decision  of  appraisers 97,  99 

in  any  action  where  the  people  are  a  party 99,  100 

for  grants  for  abandoned  lands note,  124 

to  alter  roads,  by  commissioner 262,  147 

to  remove  encroachments 281,  153 

on  laborer's  bond 303,  163 

on  claims  before  appraisers 429,  206 

under  general  act  before  appraisers 459,  212 

rules  for  preparing  claims note,  213 

of  canal  board 544,  255 

on  appeals  to  canal  board 552,  237 

on  sale  of  surplus  waters 593,  244 

for  permission  for  mills  and  use  of  water 609,  251 

on  non-payment  of  rent  of  Black  Rock  leases 612,  252 

against  collectors  of  tolls '. .  655,  262 

for  register  of  boats 670,  267 

for  obtaining  clearance 681,  269 

for  seizures  for  frauds  on  revenues 737,  279 

for  registry'  of  liens 747,  281 

to  compel  delivery  of  property  from  superintendent,  collector, 

lock-tender  or  agent 800,  293 

PUBLIC  OFFICERS  : 

See"0fficers" 1,  67 

PURCHASES  : 

for  state,  to  be  made  for  cash A 656,  258 

P.  —  ^REGULATIONS,  ETC. 

Passf-nger  tolls :  Reg.  No. 

commutation  for 27,  343 

statement  for 31,  343 

Patrolmen : 

powers  and  duties 78.  356 

Payment : 

of  collector's  clerks  and  inspectors:  1,  359 


456  INDEX.     P.  —  REGULATIONS,  ETC. 

Penalties  and  forfeitures  :                                                                                 Keg.  Nc.  Page, 
for  the  neglect  or  violation  of  the  regulations  and  resolutions 

of  the  canal  board  relating  to  boats,  navigation,  tolls,  etc 

1st.  By  regulations  concerning  : 

false  statement  to  procure  clearance 1,  333 

over-draft  of  water  of  boats 2,  335 

refusal  to  exhibit  clearance 3,  33 (i 

not  weighing  as  required .    5,  337 

clearances  of  New  York  "boats 6,  337 

bills  of  lading  between  offices  10,  339 

loading  for  inspection 12,  340 

refusal  to  take  oath 15,  340 

to  get  light  weight  of  new  boat 16,  341 

omission  to  get  light  weight ; 18,  341 

fraud  iu  light  weight 19,  341 

refusal  to  weigh  or  unload 20,  341 

refusal  of  any  boat 21,  342 

bills  of  lading  for  salt 26,  343 

to  carry  lights  at  night 36,  344 

mooring  near  lock 37,  344 

delay  in  lock 38,  345 

form  of  bow  of  boat,  drawing  on  tow-path 40,  345 

throwing  filth  in  canal 41,  348 

not  moving  boats  as  directed 42,  348 

making  up,  towing  and  locking  rafts 43,  348 

for  improper  construction  of  rudder 44,  349 

for  opening  paddle  or  lock-gate '. . . .  46,  349 

not  using  snub-posts  at  locks 47,  349 

speed  over  bridges ;  changing  horses  at  locks 48,  349 

steamboats;  and  meeting  and  passing  boats 49,  349 

boats  meeting,  new  raft  duty 50,  350 

injuries  to  locks 51,  350 

,     injuries  to  bank  structures  or  reservoirs 52,  350 

mooring,  loading  and  unloading  boats 53,  351 

moving  materials  over  structures 54,  351 

moving  boat  from  berth  assigned 55,  351 

not  weighing  staves  at  Rochester 57,  351 

night  lockages  on  certain  lateral  canals 58,  351 

mooring  boats  to  structures 73,  355 

or  within  limits  of  Watervliet  arsenal 74,  355 

disobedience  of  patrolmen 78,  357 

'2d.  By  resolutions  concerning :  Res.  No. 

reduction  of  penalties  under  section  526 ^ 36,  366 

statement  of  wood  and  lumber 43,  369 

statements  of,  where  there  is  no  collector 44,  369 

Perjury  :  Reg.  No. 

auditor  to  prosecute  for 7,_  338 

R.  —  LAWS. 
RAILROADS  :  Section. 

crossing  canal 266,  148 

grades  and  damages 267,  149 

swing-bridges  authorized note,  148 

swing-bridges  over  Chemung  canal 392,  192 

/     may  use  street  in  Elmira 393,  192 

and  require  certain  right  to  portion  of  canal 394,  193 

use  of  tow-path  of  Chemung  extension 401,  195 


INDEX.     R.  — LAWS.  457 

BATHS  OF  TOLL:                                                                                                      Sectlon  page 

for  1852 373 

comparative  table  for  1852,  1859.  1868,  1869  and  1870  . .  377 

for  1871  and  1872 .' ' '  333 

for  1873 \[  383 

REGISTRY  OF  BOATS: 

(Chapter  9,  Title  9,  Article  7.) 

owners  to  give  "certificate  of  registry  " 670,  267 

new  certificate,  when  necessary 671,  267 

certificate  receipted  for  and  sent  to  auditor 672,  268 

auditor  to  keep  a  " register  of  boats" 673,  268 

register,  how  changed 674,  268 

collectors  to  have  copy  of  register 675,  268 

no  clearance  without  registry 676,  268 

who  deemed  true  owners 677,  268 

penalty  for  reporting  false  name 678,  269 

not  to  change  name  of  mortgaged  boat 679,  269 

REGISTRY  OF  LIENS  : 

by  chattel  mortgage  on  boats,  etc 

mortgages  to  be  filed  with  auditor 747,  281 

void  if  not  filed,  as  against,  etc 748,  282 

refiled  annually 749,  282 

to  be  numbered  and  indexed ! 750,  282 

priority  of  liens 751,  282 

certified  copies  used  in  evidence 752,  283 

auditor's  fees 753,  283 

names  of  boats  mortgaged  only  changed  to  conform  to  custom 

register 754,  283 

of  officers  for  interest  in  contracts,  etc 803,  294 

by  commissioner,  of  assistant  engineers 863,  312 

suspension  of  division  or  resident ;  by  whom ;  removal  of,  by 

canal  board 869,  312 

REPAIRS : 

[See  "  Canal  Repairs."] 

REPORTS : 

of  the  canal  fund 

recommendations  and  state  of  the  fund 46,  83 

of  deposits  and  interest 51,  84 

of  auditors,  clerks,  etc 115,  103 

of  trade  and  tonnage 116,  104 

of  receipts  and  payments 124.  105 

annual  statement  by  auditor 1-25,  105 

financial  report  (see  section  161) 151,-  111 

annual  report  of  state  officers 162,  113 

where  printed 163,  114 

of  the  canal  commissioners " 323,  167 

of  the  canal  appraisers 476,  217 

of  the  state  engineer  and  surveyor 870,  313 

RESIGNATION  OF  OFFICERS  : 

to  whom  made 31,  75 

where  filed,  in  cases  unprovided  for 32,  75 

REHEARING  OF  CLAIMS  : 

by  appraisers,  in  cases  of  surprise,  etc 437,  208 

by  appraisers,  on  order  of  canal  board 471,  216 

by  canal  board 472,  216 

58 


458  INDEX.    R.  — LAWS. 

REGULATIONS,  AUTHORITY  FOR  :                                                                         Section.  Page, 
may  be  made  by  commissioners  of  canal  fund  as  to  transfer  of 

stocks,  etc 54,  85 

office  for,  to  be  established  in  New  York,  etc 66,  88 

by  auditor,  as  to  vouchers,  proof  of  payment,  etc 150,  111 

by  auditor,  as  to  forms  used 155,  1 12 

by  commissioners  of  land  office,  as  to  letters  patent  for  aban- 
doned lands 202,  124 

by  canal  commissioners,, as  to  letting  of  new  work 299,  158 

by  canal  commissioners,  as  to  Black  river  reservoirs 408,  198 

by  appraisers,  as  to  form  and  manner  of  presenting  claims. .  .  .  461,  213 

by  canal  board,  for  collection  of  tolls 498,  224 

by  canal  board,  as  to  boats,  navigation,  etc 513,  227 

by  canal  board,  for  prosecution  of  penalties 517,  228 

by  canal  board,  to  determine  system  of  repairs  and  manage- 
ment   533,  232 

by  canal  board,  as  to  abandoned  lands 559,  239 

by  auditor,  as  to  refunding  tolls 654,  262 

by  state  engineer,  as  to  duties  of  engineers 876,  314 

REMOVALS  FROM  OFFICE  : 

by  governor,  of  his  own  appointees 34,  75 

by  legislature,  in  certain  cases 40,  77 

governor  may  suspend  auditor 230,  106 

governor  may  suspend  treasurer Const.,  7,  56 

by  auditor,  of  collectors Laws,  136,  108 

by  canal  board,  of  superintendents,  for  cause 338,  173 

by  canal  board,  of  superintendents  and  collectors 487,  221 

by  commissioner,  of  superintendents 489,  221 

by  commissioner,  of  patrolmen 553,  232 

by  commissioner,  of  lock-tenders,  foremen,  etc 637,  259 

of  officers  violating  eight-hour  law 645,  260 

of  officers,  for  interest  in  surplus  waters,  line  of  boats,  con- 
tracts or  expenditures 803,  294 

REVENUES : 

[See  "Canal  Fund"  and  "Tolls."] 

REVISED  STATUTES,  PART  I : 

Chap.  V,  of  public  officers : 

title  1,  classification  of,  etc 1,  67 

title  3,  of  executive  officers 2,  68 

title  5,  of  administrative  officers 4,  68 

title  6,  general  provisions 12,  70 

Chap.  IX,  of  the  funds,  revenues,   expenditures  and  property  of 

the  State 78 

title  2,  of  the  canal  fund 41,  81 

title  5,  of  the  public  lands 119 

of  commissioners  of  land  office 184,  120 

of  canal  lands 199,  122 

title  9,  of  the  canals 126 

art.  9,  designation  and  description 210,  128 

art.  2,  of  the  canal  commissioners 250,  144 

art.  3,  of  appraisement  of  damages 420,  204 

art.  4,  of  the  canal  board '. 485,  220 

art.  5,  of  water-privileges,  etc 580,  241 

art.  6,  of  superintendents  and  collectors 620,  254 

art.  7,  of  navigation  and  collection  of  tolls 670,  267 

art.  8,  of  protection  and  maintenance 760,  285 

art.  9,  of  miscellaneous  provisions 800,  293 

art.  10,  of  the  state  engineer  and  surveyor 850,  307 


INDEX.     R.—  REGULATIONS,  ETC,  459 

"""'  CSe,  -B*^,  *—.*«. 

BULKS  AND  ORDERS: 

Of  the  canal  board,  proceedings,  etc 544,  236 

rules  established  by  board 329 

• 

R — REGULATIONS,  ETC. 

Reg.  No. 
Haft  or  tow  of  timber  : 

to  stop  and  exhibit  clearance 3,  336 

to  have  separate  clearances 9,  338 

between  offices 10,  339 

lights  at  night 36J  344 

lockages  of,  at  Lockport,  moving  near  locks  or  other  timber, 

rafts,  how  made  up,  etc.,  penalty 43,  348 

two  boats  meeting  near 50,  350 

Refusal  : 

of  master  to  weigh  boat 5,  337 

relative  to  New  York  boats 6,  337 

to  provide  for  inspection 12,  339 

to  get  light  weight  of  boat 18,  341 

to  weigh  at  any  time 21,  342 

to  accept  weight  as  assigned 55,  351 

of  forwarder,  to  exhibit  books  or  be  examined 24,  342 

Register  of  light  weights: 

how  kept,  reported  and  recorded 35,  365 

of  boats  not  conforming  to  Regulation  No.  40 40,  347 

REGULATIONS  OF  CANAL  BOARD: 

Relative  to  the  iveighing  and  inspecting  of  boats  and  their  cargoes  : 
boats,  how   cleared,   bills  of  lading,  how  made,   signed  and 

verified,  penalties,  etc 1,  333 

draft  of  water  and  height  of  boats  on  the  several  canals,  pen- 
alties, etc 2,  334 

clearances  to  be  exhibited 3,  336 

cargo  to  be  certified 4,  337 

boats  to  be  weighed  twice,  Utica  weigh-lock,  penalties,  etc. . .  5,  337 
New  York  boats,  how  examined,  duty  of  collector  and  inspect- 
ors   6,  337 

monthly  report  of  frauds  in  clearances,  duty  of  auditor 7,  338 

treble  tolls,  how  accounted  for  and  divided 8,  338 

rafts  and  tows  to  have  clearances 9,  338 

floats  passing  between  offices,  bill  of  lading  to  lock-tender,  etc.,  10,  339 

clearances  when  boats  stop  short,  additional  toll,  how  entered,  11,  339 
boats  to  be  loaded  conveniently  for  inspection,  penalty  by  rate 

of  tolls   12,  339 

master  of  boat  from  Albany  or  West  Troy  to  be  sworn  and 

questioned  at  Schenectady ;  questions 13,  340 

may  be  sworn  by  other  collectors 14,  340 

master  refusing  to  take  oath,  penalty 15,  340 

light  weight  of  boats,  water  mark  and  penalty 16,  340 

light  weight,  how  obtained 17,  341 

omission  to  get  light  weight,  penalty     18,  341 

fraud  in  light  weight,   penalty 19,  341 

weighmaster  may  require  re-weighing  of  boats,  penalty 20,  341 

refusal  to  enter  weigh-lock,  penalty 21,  342 

refunding  of  tolls 22,  342 


460  INDEX.     R.  —  REGULATIONS,  ETC. 

REGULATIONS  OF  CANAL  BOARD  :                                                                       Keg.  No.  Page. 
Relative  to  the  weighing  and  inspection  of  boats,  etc.  —  Continued, 
collector  may  examine  books,  papers,  checks,  etc.,  as  to  prop- 
erty shipped  by  canal 23,  342 

refusal  of  forwarders,  to  be  reported;   collectors  may  refuse 

clearaifces,  etc 24,  342 

bills  of  lading  for  salt 25,  342 

penalty  for  false  bills  . .  . ., 26,  343 

Relative  to  tolls  upon  passengers,  and  commutation  therefor : 

auditor  may  permit  boats  to  commute 27,  343 

form  of  agreement 28,  343 

when  to  be  made 29,  343 

duty  of  collector  therein 30,  343 

statements 31,  343 

where  filed 32,  344 

receipts  for 33,  344 

tolls  on  passenger 34,  344 

directions 35,  344 

Relative  to  the  navigation  of  the  canals : 

floats  to  carry  lights  at  night 36,  344 

where  not  to  be  moored,  twenty  rods  of  lock,  etc 37,  344 

delays  in  lock 38,  345 

delay  in  passing  into  lock 39,  345 

boats  to  have  semi-circular  bows ;  forms  prescribed ;  penalties  ; 
refusal  of  registry ;  tolls  two  cents  per  mile ;  prosecutions 

for  riding  on  tow-path,  etc 40,  345 

filth  not  to  be  thrown  in  canal 41,  348 

duty  and  power  of  officers  to  move  boats,  new  breaches  or 

obstructions 42,  348 

rafts  or  tow,  not  to  contain  over  six  cribs  ;  how  moored ;  pass- 
ing Lockport  locks ;  how  made  up  and  towed 43,  348 

rudder  of  boat,  how  constructed 44,  349 

clearances  to  be  shown  first  lock-tender 45,  349 

opening  lock  or  paddle-gates,  penalty 46,  349 

to  use  sruibbing-post  at  lock,  penalty 47,  349 

speed  on  bridges ;  horses  not  to  be  passed  in  or  out  boats  at 

locks 48,  349 

float  overtaken  to  turn  out ;  floats  propelled  by  steam  to  take 
berme  bank ;  how  to  pass  boats,  penalty ;  steamboats,  etc.  ; 
exemptions  as  to  tolls;  to  carry  red  light;  preferences  at 

locks,  etc 49,  349 

floats  meeting  near  rafts 50,  350 

injuries  to  locks,  penalty 51,  350 

logs   and   timber   on  banks  or  in    canal  without  permission, 

penalty 52.  350 

mooring  boats,  regulation  and  penalty 53,  350 

drawing  materials  over  structures 54,  351 

berths,  how  assigned,  penalty 55,  351 

margin  of  Little  Basin,  Albany,  to  be  kept  clear 56,  351 

boats  laden  with  stones,  at  Rochester,  penalty 57,  351 

no  lockage   at   night   on    the   Chemung,    Crooked   Lake  and 

Chenango  canals  without  permission,  penalty 58,  351 

canal  officers  to  make  entry  of  offenses 59,  352 

clearances  to  Chenango,  Crooked  Lake  canals,  copy  left  at 

Geneva 60,  352 

clearances  from  these  canals 61,  352 

tolls  on  Chemung  canal 62,  352 


INDEX     R.  — RESOLUTIONS,  ETC.  461 

REGULATIONS  OF  CANAL  BOARD  :                                                                      Reg  No>  p,^ 
Relative  to  the  navigation  of  the  canals  —  Continued. 

changing  name  of  boats  prohibited  unless  necessary  for  custom- 
house register,  when  auditor  may 63,  352 

stock,  agricultural  productions,  etc.,  free  of  tolls  to  or  from 

state  fair 64,  352 

Authority  of  canal  officers  to  sue  for  penalties : 

collectors  to  prosecute  for  penalties,  and  canal  board  regu- 
lations under  certain  sections  of  the  Revised  Statutes 65,  353 

superintendents  to  prosecute,  etc 66,  353 

weighmasters  to  prosecute,  etc 67,  353 

lock-tenders  to  prosecute,  etc 68,  353 

Miscellaneous  regulations : 

boats  entering  or  leaving  canal  at  Tonawanda  to  pay  tolls  from 

or  to  Buffalo 69,  354 

not  to  pass  grand  lock  at  Black  Rock  without  permit ;  penalty,  70,  354 

tolls  for  lockage,  lower  end  of  Black  Rock  harbor 71,  354 

collector's  office,  Oswego,  to  be  kept  open  from  7  A.  M.  to  10  p.  M.  72,  354 

boats  not  to  be  moored  to  structures ;  penalty,  etc 73,  354 

boats  not  to  be  moored  within  ten  rods  of  limits  of  Watervliet 

arsenal ;  use  of  fire  arms,  etc 74,  355 

collector's  clerk  at  Hamilton,  powers  of 75,  354 

section  684,  relating  to  false  bills  of  lading,  not  to  be  oppres- 
sively enforced 76,  356 

collector  at  Syracuse  may  waive  weighing  coal  for  use  of 

Salt  Co 77,  356 

patrolmen  appointed  under  act  of  1870;  their  powers  and  duties,  78,  356 
draft  of  boats  at  Buffalo ;  boats  drawing  over  six  feet  not  to 

be  cleared 79,  357 

Reims'  champion  scale  may  be  used  instead  of  weigh-loek,  etc.,  80,  357 

canal  officers  not  to  act  as  agents  for  shippers  or  procure  freights,  81,  358 

openings  on  bridges  at  Buffalo  for  loading  boats  to  be  closed  up,  82,  358 
tow-path  Erie  canal  to  be  kept  clear  to  full  width  of  fourteen 

feet 83,  358 

tow-path,  Erie  and  Champlain  canals,  to  be  kept  clear  to  full 
width  of  fourteen  feet;  superintendent  may  be  removed  for 

neglect 84,  358 

notice  of  break  to  be  sent  to  collector's  office 85,  359 

not  more  than  two  boats  to  lie  abreast  in  West  Troy 86,  359 

Reims'  champion  boat  scale 80,  357 

report  of  frauds  monthly  by  collector 7,  338 

RESOLUTIONS  IN  RELATION  TO  THE  POWERS  AND  DUTIES  OF  CERTAIN  CANAL  OFFICERS  : 
1.  In  relation  to  collectors  and  weighmasters  :  Res.  No. 

collector's  vouchers  for  clerk  hire,  office  expenses,  furniture, 

etc.,  how  made  and  approved 1,  359 

collectors  to  give  their  personal  attention 2,  359 

to  employ   competent  persons 'as  clerks;  their  compensation 

and  number 3,  360 

duties  of  collectors  as  to  inspectors 4,  360 

all  blanks  to  be  furnished  by  the  auditor 5,  300 

collector's  are  ex  officio  inspectors  of  canal  boats  and  their  car- 
goes      6,  360 

collectors  to  deposit  tolls  daily   7,  361 

canal  officers  not  to  act  as  agents  for  banks  or  shippers 8,  361 

collector's  office  to  be  in  separate  room 9,  361 

oath  of  deputy  collector,  how  made,  indorsed  and  filed 10,  361 


462  INDEX.    R.  — RESOLUTIONS,  ETC. 

RESOLUTIONS,  ETC.  :  ROB.  No.  Page 

In  relation  to  collectors  and  weighmasters  —  Continued. 

deputy  to  sign,  "  clerk,  collector  absent  " 11,     361 

first,  second  and  third  clerks,  to  act  and  sign  papers  in  the 

order  of  their  designation 12,     361 

Oswego  canal  tolls  and  clearances 13,     362 

2.  Appointment  and  removal  of  collectors  and  weighmasters  : 

term  of  office  one  year,  bat  may  be  removed  at  any  time  ....       15,     362 
when  canal  board  is  not  in  session  the  auditor  may  remove  and 

fill  vacancy 16,     362 

3.  In  relation  to  superintendents  and  their  employees  : 

to  pay  money  when  he  takes  receipt 17,     362 

to  give  personal  and  constant  attention  to  their  duties 18,     362 

to  settle  accounts  every  two  months,  and  furnish  abstract  of 

unpaid  accounts 19,     362 

to  keep  bank  account  as  superintendent,  notify  auditor  and 

commissioner 20,     363 

not  to  furnish  materials  or  labor,  or  employ  relatives,  not  use 

property  of  state  for  any  private  purpose.  . .    21,     363 

no  officer  to  be  interested  in  any  contract  connected  with  the 

canals 22,     363 

not  to  be  interested  in  boarding  laborers 23,     363 

nor  sell  any  articles  to  lock-tenders  or  laborers 24,     363 

no  lock-tender  shall  be  interested  in  any  tavern  or  grocery,  nor 

sell  goods  to  those  navigating  the  canals 25,     363 

superintendent  to  assist  boats,  and  unload  sunken  boats  ob- 
structing navigation;  expenses,  how  accounted  for.  reported 

and  collected 26,     363 

bank  not  to  advance  on  superintendent's  account 27,     364 

duty  as  to  repair  contracts 28,     364 

superintendents  to  ascertain  and  report  depth  of  water,  etc., 

twice  a  month 29,     364 

superintendent  to  sue  for  penalties 30,     364 

to  enforce  section  600,  relating  to  wasting  water  from  canals, 
and  to  comply  with  section  638  relative  to  publication  of 
monthly  abstract  of  expenditures 31,  364 

In  relation  to  weighmasters  : 

weighmaster  or  assistant  to  sign  papers,  etc 32,     365 

oath  of  assistant,  how  taken,  indorsed  and  filed 33,     365 

weighmasters  at  certain  places  to  act  as  inspectors 34,     365 

to  keep  register  of  light  weight  of  boats,  and  report  miscon- 
duct of  assistants  to  auditor,  who  may  suspend,  fill  vacancy, 

etc 35,     365 

certain  penalties  reduced  March,  1838 36,     366 

special  regulations  relative  to  lumber  or  cordwood,  certificate 

of  inspector  or  measurer,  affidavits,  etc 38,     366 

certificate  to  be  filed  in  collector's  office,  etc 39,     367 

bill  of  lading  for  lumber  destined  to  New  York,  how  verified, 

forms  of  affidavits  of  measurements 40,     367 

duplicate  bill  of  lading  for  collector  on  entering  Hudson  river.       41,     368 

measurement  of  timber  to  include  bark  and  refuse  stuff 42,     368 

cordwood  or  lumber  delivered  to  more  than  one  consignee, 

statement  required,  penalty,  etc 43,     368 

delivery  at  a  place  where  there  is  no  collector,  statement,  pen- 
alty, etc 44,  369 

form  of  bill  of  lading  and  clearance 369 

form  of  superintendent's  monthly  abstract  of  expenditures  for 

publication  or  filing 371 


INDEX.    R.—  RULES  AND  ORDERS.  463 

RESOLUTIONS,  ETC.  —  Continued.  gej,  y0  p^gQ 

Rochester : 

tolls  computed  from  collector's  office 3,  336 

weighing  boats  at 5,  337 

weighing  staves  at 57,  351 

Rudder  of  boats : 

how  constructed 44,  349 

RULES  AND  ORDERS  : 

Of  the  canal  board  :  Rule  No. 

presiding  officer 1,  329 

order  of  business 2,  329 

claimants 3,  329 

papers  to  be  verified. -. 4,  329 

papers  presented  to  be  indorsed  by  member 5,  339 

committees 6,  330 

calendar  of  cases 7,  330 

question,  how  taken 8,  330 

questions  involving  expenditures 9,  330 

division  of  question 10,  330 

remission  of  penalties 11,  330 

duty  of  collector,  etc 12,  330 

duty  of  petitioner 13,  330 

appeal  from  appraisers'  awards 14,  330 

how  served  by  state 15,  330 

how  served  by  claimant 16,  331 

appeal  waived  by  receiving  damages 17,  331 

rehearing  waived  by  receiving  damages 18,  331 

perfect  title  to  land  or  waters,  to  be  shown 19,  331 

no  assignment  of  claims  recognized 20,  331 

claims  must  cover  all  damages 21,  331 

omissions  in  returns 22,  331 

proceeding  after  death  of  claimant 24,  331 

claims  signed  by  general  guardian 25,  332 

calendar,  how  prepared 26,  332 

calendar,  when  taken  up 27,  332 

when  to  be  cleared 28,  332 

proceedings  to  be  published 29,  332 

payment  of  awards 30,  332 

copies  of  proceedings  printed 81,  332 

members  present  but  not  voting 32,  332 

S.  —  LAWS. 
SALT  :  Section. 

Onondaga  salt  springs 361,  180 

deposits  regulated  by  canal  board 512,  227 

duties,  before  1835,  part  of  canal  fund note,  82 

salt  springs  not  to  be  sold Const.,  7,  61 

SCHETECTADY  : 

statute  relating  to  Mill  creek note,  183 

SPEED  OF  BOATS: 

not  over  four  miles  an  hour. 712,  275 

nor  over  six  on  enlarged  canal 713,  275 

steamboats  passing,  etc 714,  275 


464-  INDEX.     S.  —  LAWS. 

STATE  DEBT:                                                                                                           Section  Page 
[See  "Canal  Fund"  and  "Laws."] 

STATE  ENGINEER  AND  SURVEYOR: 

( Chapter  9,  Title  9,  Article  10. ) 
General  provisions  : 

to  file  oath  with  secretary  of  state 22,  73 

time  for  completion  of  report 162,  1 13 

where  printed 163,  114 

commissioner  of  land  office 184,  120 

three  may  act,  if  he  is  one  of 186,  ]  20 

approval  of  plans  and  estimates 292,  156 

change  of  plan,  how  made 293,  156 

member  of  canal  board 485,  220 

term  of  office ;  qualifications 850,  307 

to  preserve  maps,  plans,  etc 851,  307 

subject  to  inspection 853,  307 

office  in  state  hall 853,  307 

Powers  and  duties : 

of  surveyor-general,  except  as  to  canal  fund 854,  307 

to  have  supervision  of  department 855,  308 

duties  of  engineers 856,  308 

frauds  to  be  investigated 857,  308 

salary  and  travel  fees 858.  308 

clerks 859^  308 

to  visit  canals 860,  309 

maps,  etc.,  for  enlargement  of  work 861,  309 

duties  of  division  engineer 862,  309 

indorsement  of  state  engineer 863,  310 

letting  and  constructing  such  work 864,  310 

duties  of  resident  engineers 865,  311 

duties  of  assistants 866,  312 

to  assist  commissioner,  etc 867,  312 

removal  of  engineers 868,  312 

suspension  of  engineers 869,  312 

annual  report 870,  313 

repealing  clause  as  to  appointments,  etc 871,  313 

penalty  for  false  estimates,  etc 872,  313 

deputy  state  engineer  and  surveyor 873,  314 

enlargement  contracts 874,  314 

plan  of,  not  to  be  changed 875,  314 

Engineer  department: 

one  division  and  one  resident  engineer  on  each  division. .....  876,  314 

temporary  assistance,   and  appointment  sheet,  how  made  and 

filed 877,  315 

duties  of  engineers 878,  315 

rank  of  engineers 879,  316 

resident,  on  Chenango  extension 880,  316 

certificates  of  measurements  for  contractors 309,  161 

sworn  measurement  to  accompany  receipt 310,  164 

affidavits  of,  to  accompany  drafts 312,  165 

Advances  to  engineers  of: 

drafts  for  advances,  how  made 314,  165 

engineer  to  execute  bond 315.  166 

to  account  once  in  ninety  days 316,  166 

accounts  to  be  certified  by  commissioner 317,  166 

resident,  may  estimate  for  ordinary  repairs 327,  1<>9 

duty  of,  at  Syracuse,  as  to  salt  springs 362,  181 


INDEX.     S.  — LAWS".  465 

STATE  HALL  :                                                                                                         Section.  Page. 

apartments  assigned  to  members  of  canal  board note,  370 

STATE  OFFICERS: 

[See  "Officers."] 
STATE  STOCKS: 

4*0/1831: 

for  issue  of  certificates  by  comptroller,  etc 56,  85 

Act  of  1840,  for  issue  and  transfer : 

office  for  transfer  of,  in  New  York 66,  88 

responsibility  of  bank ...  67,  88 

transfers  of  stock 68,  88 

certificates  of,  how  issued 69,  89 

regulations  for  issue  and  transfer 70,  89 

power  of  attorney  for  transfers 71,  89 

when  not  to  be  deemed  revoked 72,  90 

acknowledgment  of,  how  made 73,  90 

removal  of  lost  certificates 74,  90 

in  case  of  death  of  foreign  owner 75,  91 

when  issued  to  executors 76,  91 

banks  or  bankers  may  take  state  stocks 83,  94 

[See  "Canal  Fund"  and  " Loans."] 

STJfTE    TREASURER. 

may  be  supended  by  governor Const.,  7,  56 

oath  of,  where  filed Laws,  22,  73 

commissioner  of  the  canal  fund 44,  83 

to  transfer  canal  funds,  when  directed  by  commissioners 119,  105 

to  pay  auditor's  warrants  from  canal  fund 120,  105 

what  they  must  specify 121,  105 

checks  and  receipts  to  be  countersigned 122,  105 

when  to  pay  interest  on  warrants 158,  113 

fiscal  year  defined 159,  113 

officers'  accounts  'to  correspond 161,  113 

annual  report  of 162,  113 

accounts,  in  case  of  death  or  resignation note,  113 

commissioner  of  land  office 184,  120 

member  of  canal  board 485,  220 

STATEMENT  OF  TONNAGE  AND  TOLLS ...  586 

STATISTICS  OF  THE  CANALS 387 

STATISTICS,  LIST  OF.  FROM  1791  TO  1873 13 

STATUTES,  REVISED,  AND  CANAL  LAWS  IN  FORCE 61 

STEAMBOATS: 

to  pass  on  berme  side 714,  275 

STEAM  TOWAGE  : 

By  cables,  privileges  granted  to : 

the  European  system,  by  submerged  cables 817,  297 

"  Kingsley's,"  by  suspended  cables  or  rails. 824,  299 

the  American  system,  "  Kichmond's" 830,  301 

By  steam  wagon : 

D.  0.  Williamson  may  make  tests 836,  302 

Commission  to  test  any  motor,  other  than  animal  power,  and  award 
prizes  : 

conditions  and  exceptions  of  tests 837, 

not  to  hinder  navigation 

may  grant  certificates,  etc 839,  304 

59 


466  INDEX.    S.  — LAWS. 

STEAM  TOWAGE  :  Section.  Pa*c. 

Commission  to  test  any  motor,  etc.  —  Continued. 

oaths  and  vacancies  ...    840,  304 

expenses 841,  304 

payment  of  certificates 842,  304 

payment  of  further  certificates 843,  305 

powers  extended  one  year 844,  306 

STRUCTURES,  INJURIES  TO  : 

[See  "  Injuries  to  Structures."] 
SUPERINTENDENTS  OF  REPAIRS  : 

(Chapter  9,  Title  9,  Article  6.) 

number  of,  determined  by  canal  board 1,  68 

how  removed  by  commissioner 8,  69 

oath  of  office,  where  filed 22,  73 

not  to  arrest  in  civil  cases  for  official  acts 319,  166 

purchase  of  tools  and  materials  on  sealed  proposals  (Act  of 

1847) 328,  169 

may  settle  temporary  damages  when  authorized 446,  209 

appointment  of,  and  compensation 487,  221 

charges  against,  how  investigated 488,  221 

to  give  bond  (title  9,  art.  6) 620,  254 

to  keep  section  in  repair 621,  •  254 

under  directions  of  commissioner 622,  255 

detailed  estimate,  form  of. 623,  255 

how  certified  and  filed ;  advances 624,  255 

materials  and  tools,  how  purchased 625,  255 

contracts  for  material  and  work 626,  255 

allowance  of  items  of  estimate 627,  256 

wages  for  labor,  how  regulated 628,  256 

removal  for  misapplication  of  estimates 629,  256 

to  account  to  auditor  in  sixty  days 630,  257 

accounts,  how  certified i 631,  257 

when  to  cut  thistles  and  weeds 632,  257 

consequences  of  neglect 633,  258 

to  give  personal  attention  to  duties 634,  258 

receipts  taken  when  money  is  paid 635,  258 

all  purchases  to  be  for  cash 636,  258 

to  appoint  foremen,  lock-tenders,  etc 637,  258 

publication  of  expenditures 638,  259 

when  to  file  in  clerk's  office 639,  260 

auditor  to  prescribe  form,  blanks,  etc 640,  260 

certificate  of  publication  or  filing 641,  260 

abstracts  subject  to  inspection 642,  260 

form  of,  prescribed  by  auditor   371 

eight-hour  law 643,  2GO 

to  whom  it  applies 644,  260 

penalties  to  officers 645,  260 

penalties  to  contractors 646,  261 

power  to  take  materials  or  destroy  boats,  etc 647,  261 

to  assign  berths  to  boats 711,  275 

speed  of  boats,  four  miles,  etc 712,  275 

on  enlarged  canals,  etc 713,  275 

steamboats  to  pass  on  berme  side 714,  275 

preferences  in  passing  locks 715,  276 

to  seize  boats,  rafts,  etc.,  abandoned 727,  277 

owner's  rights 728,  277 

proceeds  of  sale,  how  accounted  for. 729,  278 

how  paid  over 730,  278 


INDEX.    S.  —  REG-ULATIONS,  ETC.  467 

SUPERINTENDENTS  OF  REPAIRS  —  Continued.  Section.  Page. 

duty  as  to  frauds  on  revenue 740,  280 

speed  over  bridges 776,  288 

number  of  cattle  on 777,  289 

state  property,  books,  etc.,  when  to  be  delivered 800,  293 

proceedings  to  compel  delivery 801,  294 

when  ineligible  to  office  of 802,  294 

not  to  be  interested  in  surplus  waters,  line  of  boats,  contracts 

or  expenditures 803,  294 

investigation  of  charges  of 804,  295 

exempt  from  military  and  jury  duty 805,  295 

to  prosfecute  for  penalties  as  directed 806,  295 

supply  of  water  in  levels 812,  296 

penalty  for  selling  or  wasting  water   600,  247 

assistance  of  engineers 862,  309 

penalty  for  false  estimates 872,  313 

SUPERINTENDENT  OF  ONONDAGA  SALT  SPRINGS  : 

duty  of,  as  to  use  of  water  from  canal 361,  180 

employment  of  engineers 362,  181 

may  take  water  from  canal 363,  181 

to  deposit  revenues,  as  directed  by  canal  board 512,  227 

salt  springs  of  state  not  to  be  sold Const.,  7,  61 

SURPLUS  WATERS  : 

[See  "  Water  Privileges  and  Surplus  Waters."] 

SYRACUSE  : 

auditor  may  suspend  weighing  at 153,  112 

flowing  water  on  to  the  Syracuse  level 603,  249 

surplus  waters  at note,  245 

water  for  salt  springs 361,  180 

S.  —  KEGULATIONS,  ETC. 

Salt :  Reg.  No. 

bills  of  lading  for 25,  342 

penalty  for  false  bills 26,  343 

Semi-circular  bow : 

form  of  prescribed 40,  345 

Seneca  river  tow-path : 

distances  on 397 

State  fair  : 

stock  and  productions  for  free  of  toll 64,  352 

Statement  of  passengers  : 

how  and  when  to  be  made 31,  343 

Steamboats  : 

to  pass  floats  on  berrne  bank ;  exemption  of  fuel,  machinery, 

etc. ;  preferences  at  locks ;  to  carry  red  light 49,  34S 

[See  "Boats"  and  "  Navigation."] 
Staves: 

arriving  at  Rochester °7' 

Superintendents  of-  repairs  : 

draft  of  water  and  weight  of  boats 2,  334 

to  prosecute  for  riding  on  tow-path 40.  <»« 


468  INDEX.     T.  — LAWS. 

REGULATIONS,  ETC.  :  Keg.  No.  Page. 

Superintendents  of  repairs  —  Continued. 

to  regulate  and  move  boats  at  a  break  or  obstruction 42,  348 

to  regulate  mooring  boats 53,  350 

to  prevent  injuries  to  structures 54,  351 

to  assign  berths  to  boats 55,  351 

to  keep  tow-path  clear  at  little  basin 56,  351 

night  lockages  on  lateral  canals 58,  352 

to  make  entry  of  offenses 59,  352 

to  sue  for  penalties 66,  353 

to  prosecute  for  mooring  to  structures 73,  354 

for  mooring  at  Watervliet  arsenal 74,  355 

not  to  act  as  agent  for  shippers 81,  358 

to   keep    Erie    canal    tow-path    clear    for  fourteen    feet    in 

width,  etc 83,  358 

to  keep  Erie  and  Champlain  tow-path  clear  for  fourteen  feet, 

penalty  for  negligence 84,  358 

Res.  No. 

to  obtain  all  blanks  from  auditor 5,  360 

not  to  act  as  agent  for  banks 8,  361 

not  to  take  receipt  until  money  is  paid 17,  362 

•  to  give  personal  attention  to  duties 18,  362 

to  settle  every  two  months 19,  362 

to  keep  bank  account  as  superintendent 20,  363 

not  to  furnish  labor  or  materials 21,  363 

not  to  be  interested  in  contracts 22,  36o 

nor  in  boarding  laborers .". . .  23,  363 

nor  sell  goods  to  employees 24,  363 

to  assist  boats  in  low  water,  unload  sunken  boats ;  expenses 

of,  how  reported  and  collected 26,  363 

not  to  obtain  advances  from  bank 27,  364 

as  to  repair  contracts 28,  364 

to  ascertain  and  preserve  depth  of  water 29,  364 

to  sue  for  penalties  under  art.  9,  page  292 30,  364 

to  enforce  section  600,  as  to  preserving  water,  and  to  comply 

with  section  638  as  to  publishing  or  filing  accounts 31,  364 

form  and  directions  for  monthly  abstracts  of  accounts 371 

Syracuse :  Reg.  NO. 

weighing  boats  at 5,  337 

coal  from  Watkins  for  Salt  Co 77,  356 


T.  —  LAWS. 
TABLES: 

of  contents 3 

of  rates  of  toll,  1852,  etc.,  to  1870 377 

of  tonnage  and  receipts,  1852  to  1872    386 

of  construction,  repairs  and  tolls 390 

of  names  and  distances  on  the  canals 392 

TAXES  :  Section. 

when  submitted  to  people Const.,       12,  62 

laws  for,  to  state  tax  and  object Const.,       13,  63 

manner  of  passing  laws  imposing. Const.,       14,  63 

annual  tax  for  canal  fund  debt Laws,       90,  96 

for  deficiencies  (acts  of  1872) 164,  115 

for  new  work,  how  anticipated note,  \Q\ 


INDEX.    T.— LAWS.  469 

T°LLS  :  Section.  Page, 

General  provisions  : 

not  reduced  below  1852,  except  by,  etc Const.,  3,  60 

part  of  the  canal  fund Laws,  41,  81 

canal  board  to  fix  rates,  etc 498'  224 

which  shall  be  uniform  on  all  canals 499*,  224 

concurrance  of  legislature,  to  reduce 500,  224 

on  Cayuga  inlet ' 501,  225 

on  Albany  basin 5C2,  225 

on  Seneca  river,  above  dam 503,  225 

on  river  improvement  and  Baldwinsville  canal 504,  226 

on  Moose  river 505,  226 

on  Beaver  river 506,  226 

on  Mohawk  basin,  West  Troy 507,  256 

on  Oneida  river 508,  226 

on  Oneida  Lake  canal,  feeder  and  Seneca  river 509,  226 

on  Oneida  lake 510,  227 

Deposits  of: 

canal  board  may  designate  banks 652,  261 

or  banking  associations 511,  227 

Collection  of  tolls  : 

board  may  commute  for  passengers ...  515,  228 

how  paid 516,  228 

penalties,  etc.,  how  recovered 517,  228 

before  whom 518,  228 

copies  of,  rates  of  toll,  how  verified 519,  228 

by  certificate  of  auditor 521,  229 

remission  of  forfeitures  by  board 524,  229 

how  applied  for 525,  230 

board  may  modify  penalties 526,  230 

limitation  on  power  of  remission 527,  230 

duties  of  collectors ;  to  account,  etc 650,  261 

to  transmit  abstracts  of 651,  261 

deposits  in  banks  named  by  board 652,  261 

bank  to  report  monthly,  etc 653,  262 

refunding  tolls  as  per  regulations 654,  262 

proceedings  against  collectors 655,  262 

duty  of  sheriff 656,  262 

assistant  collectors  abolished  in  1859 657,  262 

rent  of  offices  and  measuring  timber 658,  263 

compensation  of  officers ;  number  of  clerks 659,  263 

clerks  to  act  for  collector  in  his  absence 710,  275 

ten  inspectors  to  be  appointed 660,  263 

who  may  administer  oaths 661,  263 

no  credit  to  be  given  for  tolls 662,  263 

collectors,  etc.,  residence,  to  give  personal  attention 663,  26-r 

harbor-masters,  fees  in  New  York 664,  264 

Regulations  and  penalties  concerning 670,  267 

Registry  of  boats 670,  267 

Bills  of  lading : 

contents  of  bill  of  lading 681,  269 

to  whom  exhibited 682,  270 

penalties 683,  270 

false  bill  of  lading;  treble  tolls 684,  270 

issuing  of  false  bill,  a  misdemeanor 685,  271 

bill,  how  verified 686,  271 

cargo  not  to  be  cleared  beyond  boat 687,  27] 

delivery  of  clearance 688,  271 


\ 
470  INDEX.    T.  — REGULATIONS,  ETC. 

TOILS  :  Section.  Page 

Sills  of  lading  —  Continued. 

permit  to  proceed 689,  271 

penalty 690,  271 

copies  of  clearance 691,  27 1 

validity  of ;  fees  for 692,  272 

tonnage  by  real  weight . . .' 693,  272 

weight,  count  and  measure 694,  272 

expense  of 695,  272 

payment,  how  enforced 696,  272 

distrain  and  sale 697,  272 

surplus 698,  273 

Passenger  tolls : 

how  collected,  etc 699,  273 

^Frauds  on  revenues : 

boats  liable  for  penalties 733,  278 

boats  may  be  detained 734,  278 

when  sold  ;  when  released 735,  279 

boats  forfeited  for  false  clearance 737,  279 

goods  forfeited  for  false  marks 738,  279 

proceedings  thereon 739,  280 

officers'  duty  to  discover  frauds  and  prosecute  for  penalties ; 

penalty 740,  280 

power  to  remit  penalties  limited 741,  280 

actions  for  penalties  and  forfeitures 806,  295 

before  whom  brought 807,  295 

terms  "  float "  and  "  master  "  defined 808,  295 

executions  for  penalties 809,  296 

penalties  no  bar  to  damages 810,  296 

auditor  to  prepare  forms,  etc 811,  296 

Exemptions  in  favor  of  cable  towing  : 

of  tugs,  machinery  and  fuel 820,  299 

same - 826,  300 

same 832,  301 

TOKA  WANDA  : 

state  dam  and  canal  at note,  133 

TREASURER  : 

[See  "  State  Treasurer."] 
TREBLE  TOLL : 

on  property  omitted  from  false  bill  of  lading 684,  270 

imprisonment  for ;  treble  fine 685,  271 

[See  "Tolls."] 

T.  —  REGULATIONS,  ETC. 

Reg.  No. 

Table  of  places  and  distances 392 

Timber  : 

rafts  or  tows  of,  to  have  separate  clearances 9,  338 

lights  on  at  night 36,  344 

how  made  up;  moored;  locked;  do.  Lockport;  penalty,  etc. .  43,  348 

meeting  boats 50,  350 

Tolls: 

on  Chemung  river  dam 3,  33€ 

treble  tolls,  \mder  section  684,  how  paid  over 8,  338 


INDEX.    TJ.  -LAWS.  471 

REGULATIONS,  ETC.  :  Reg.  NO.  Page. 

Tolls —  Continued. 

additional  tolls,  how  entered 11,     339 

tolls,  when  not  to  be  refunded 22,     342 

on  passengers  ;  commutation,  etc 27,     343 

on  boats,  two  cents  per  mile 40,     347 

at  Havana,  for  Corning  and  Elmira 61,     352 

at  lower  lock,  Black  Rock  harbor 71,     354 

[See  "Collectors  of  Tolls  (Rep.)"] 

Tow  or  raft  : 

[See  "  Timber."] 

Tow-path  : 

riding  or  driving  on 40,     347 

to  be  kept  clear  of  obstructions 52,     358 

of  Erie,  fourteen  feet  in  width 83,     358 

of  Erie  and  Champlain,  fourteen  feet 84,     358 


U.  —  LAWS. 

UNITED  STATES  SHIP  CANALS  :  Section. 

when  it  provides  the  means  may  enlarge  the  Erie  and  Oswego  231,  137 

may  also  enlarge  Champlain 232,  137 

dimensions,  how  determined 233,  137 

free  tolls  for  its  vessels,  supplies,  etc 234,  137 

appropriations  to  be  applied 235,  138 

no  state  debt  to  be  made 236,  138 

UTICA  INSANE  ASYLUM  : 

may  take  water  from  Chenango  canal 395,  193 

privileges  extended  to  tenth  lock 396,  194 

duty  of  commissioner 397,  194 

U.  —  ^REGULATIONS,  ETC. 

Utica :  Reg.  No. 

boats  to  be  weighed  at 5,  357 

V.  —  LAWS. 

VACANCIES  IN  OFFICE  :  Section. 

when  offices  become  vacant ' 33,  75 

when  governor  may  remove 34,  75 

where  declare  office  vacant 35,  76 

temporary  appointments  by  commissioner 36,  76 

in  case  of  canal  commissioner,  by  appointment  37,  76 

when  by  election 38,  76 

caption  by  ballot 39,  77 

vacancies  in  state  offices,  how  filled 40,  77 

W.  —  LAWS. 

WATER  PRIVILEGES  AND  SURPLUS  WATERS  : 

(Chapter  9,  Titte  9,  Article  5.) 

commissioners  may  agree  for  water  privileges  (title  9,  article  5)  580,  241 

who  entitled  to  surplus  waters,  conditions 581,  241 

duty  of  canal  appraisers 582.  242 


4:72  INDEX.    W.  —  LAWS. 

WATER  PRIVILEGES  AND  SURPLUS  WATERS  —  Continued.  Section.  Page. 

duty  of  commissioner 583,  242 

resumption  of  privileges 584,  242 

construction  of  this  article 585,  242 

damages,  how  settled 586,  242 

preferences  in  use  of  water 587,  243 

lease  of  surplus  waters 588,  244 

sale  of,  to  whom ' 589,  243 

value,  how  ascertained 590,  243 

rights,  how  waived  or  forfeited • 591,  244 

discretion  of  commissioner  at  toll  gates 592,  244 

proceedings  on  sale  of  water 593,  244 

leases  and  grants  of  water  outstanding note,  245 

former  leases,  when  revoked 594.  246 

rights  of  purchaser 595,  246 

walls,  how  erected,  exceptions 596,  246 

no  waste-gate  or  sluices 597,  246 

penalties    598.  247 

waters,  how  discharged 599,  247 

wasting  or  selling  water  from  canals  ;  penalty,  etc 600,  247 

water  around  locks 601,  248 

surplus  waters  at  Oswego 602,  248 

at  Baldwinsville  dam 378,  188 

water  on  Syracuse  level 603,  248 

use  of  by  Onondaga  salt  springs 361,  180 

use  at  Watervliet  arsenal •  . . . .  note,  249 

appeals  in  water  cases 604,  249 

proceedings  on 605,  250 

piers  and  warehouses  at  Black  Rock 606,  250 

conditions 607,  250 

piers  and  mills  on  the  canals 608,  250 

waters  for,  regulated  by  canal  board 609.  251 

buildings,  etc.,  how  constructed 610,  251 

not  to  impair  resolution  on  surplus  waters 611,  252 

leases,  Black  Rock,  when  forfeited 612,  252 

agreement  of  1872  confirmed 613,  252 

WATERFORD  : 

leases  of  surplus  waters  at note,  245 

survey  to  Fort  Edward note,  138 

WEIGHMASTERS  : 

to  be  paid  by  auditor 134,  107 

compensation  and  appointment 659,  263 

penalty  for  false  entries 663,  264 

may  administer  oaths 736,  279 

WEST  TROY  : 

horse  railroad  bridge,  Port  Schuyler note,  149 

Mohawk  basin,  tolls  on 507,  226 

Watervliet  arsenal,  use  of  water note,  245 

canal  and  bridge  across  Water  street 783,  290 

WHARVES,  WATERING  PLACES,  ETC.  : 

constructed  only  by  permission 784,  291 

removal ;  penalty 785,  291 

WHITEHALL  : 

inspector  at 495,  223 

powers  and  duties  of 496,  223 


INDEX.     W.  — REGULATIONS,  ETC.  473 


W.  —  EEGULATIONS,  ETC. 

Waterford:  Reg.  No.  Page. 

weighing  boats  at 5,  337 

New  York  boats  at 6,  337 

Weighing  bouts : 

to  weigh  twice,  except,  etc 5,  337 

light  weight 16,  340 

how  ascertained : 17,  341 

omission,  penalty  for   18,  341 

fraud  in,  penalty  for , 19,  341 

to  weigh  or  unload,  if  directed 20,  341 

to  weigh  when  ordered 21,  342 

Reim's  champion  scale 80,  357 

Weighmasters  and  their  assistants : 

duties  of,  as  to  draft  of  loaded  boats 2,  335 

monthly  report  of  suspected  frauds 7,  338 

as  to  weight  of  boats 20,  341 

may  direct  weighing 21,  342 

may  assign  boats  to  berths 55,  351 

to  make  entry  of  offenses 59,  352 

may  prosecute  for  certain  penalties 67,  353 

penalty  for  mooring  to  structures 73,  354 

Reim's  champion  scale,  when  used 80,  357 

not  to  be  agent  for  shippers 81,  358 

Res.  No. 

blanks  to  be  furnished  by  auditor 5,  360 

not  to  be  agent  of  bank 8,  361 

appointment  and  removal 15,  362 

when  auditor  may  remove 16,  362 

not  to  furnish  labor  or  materials 21,  363 

not  to  be  interested  in  contracts 22,  363 

assistants  may  act  and  sign  for 32,  365 

oath  and  indorsement  of  33,  365 

to  act  as  inspectors 34,  365 

to  report  register  of  light  weights,  conduct  of  assistants,  etc  . .  35,  3"65 

West  Troy :  Reg.  No. 

weighing  boats  at 5,  337 

New  York  boats 6,  337 

boats  from,  inspected  at  Schenectady 13,  340 

Res.  No. 

Oswego  tolls  and  clearances 13,  362 

Wood  and  lumber : 

special  regulations 38,  366 

60 


University  of  California 

SOUTHERN  REGIONAL  LIBRARY  FACILITY 

Return  this  material  to  the  library 

from  which  it  was  borrowed. 


REC'D  LD-HRL 

JJ\N15199( 


NOV29 


£0   1953 


LIBRARY 
UNIVERSITY  OF  CALIFORNIA 
LOS  ANGELES 


UC  SOUTHERN  REGK3 


A"™ "•      '•  •Minimum  I   I      II        ||   |    I         |, 
000  668  400     5 


